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MEMOPJAL EECOED 



FATHERS OF WISCONSIN 



COXTAINIXG 



SKETCHES OF THE LIVES AND CAREER 



MEMBERS OF THE COXSTITUTIOXAL CONVENTIOXS 



OF 1S4G AND 184T-8. 



HISTORY OF EARLY SETTLEMENT IN WISCONSIN. 



I'RErARED liY 

II. A. TENNEY AND DAVID AT^VOOD. 



MADISON, WIS.: V , 

Published by David Atavood. 
ib8o. 






Entered according to Act of Congress, in tlie year eighteen hundred and eighty, 

By DAVID ATVVOOD, 

In the office of the Librarian of Congress, at Washington, D. C. 



DATTD ATWOOD, PRINTER AND STKREOTTPER. MADISON, WIS, 



PREFACE. 

The labor of preparing this volume has been both difficult and perplex- 
ing. The material tor its contents had to be procured from sources wide 
apart, often isolated, and mucii of the data such only as could be drawn 
from memory. What to include and what omit, was not unfrcquL-ntly 
a matter for doubt. The purpose was not only a historical record, but to 
preserve annals for future history. This has b.-en accomplished as far 
as information was accessible; but we feel diflident as to the protiuct, 
and whether it will prove satisfactory, in all respects, to the veteran 
pioneers or their descendants, whose personal career it records. The 
most we hope for is a partial apjiroval. 

That the lapse of a generation in Wisconsin has produced wondrous 
changes needs scarcely to be stated. Towns, cities and villages have 
sprung from the forests and prairies; old counties have been divided 
and new ones created; post-offices and post-roads have multiplied in 
every quarter; all conditions and surroundings, indeed, have undergone 
complete transformation; so much so, that the past has little left to 
compare with the present. Responsive to this impulse, nianv members 
of the conventions either changed locations or were removed by legal 
subdivisions, until their places of residence, and even identitv, had passed 
from public memory. Add to this the inroads of death, tlie decay of 
memory, age and infirmities, the difficulty of finding any to whom to 
apply for information, and the sympathetic reader will appreciate the 
besetment that has environed our labors. Only by continuous adver- 
tising and correspondence, continued, with scarce an interval, for a 
period of over two years, have we been able to gather the material 
liere presented. 

The natur.d modesty of many of the pioneer fathers lias also pre- 
sented another obbtacle. Even after, di-covery, it has not always been 
easy to obtain the information desired. .Vfter all the hazards, hard- 
ships and experiences of early settlement, and a career alike distin- 



2 PREFACE. 

guished, upright and honorable, many shrink from anything like 
publicity, and had not its importance been pressed on their attention, 
would have departed, leaving no memento that th^y had lived. This 
feature is a peculiarity of old settlers, creditable to them, in a general 
sense, and yet posterity has a right to a knowledge of the personal 
career of its benefactors. A record of the lives of its public men, in 
all important particulars, rightfully belongs to the state. 

The plan of this work has also been one of doubt and perplexity. 
It was evident from the first that no arbitrary rules could be followed. 
We did not desire to produce a mere reference book, or dictionary of 
names of members, with sketches gauged to a uniform length or stand- 
ard; and yet it has not been possible, within reasonable limits, to bring 
into conspicuous view individual personality. As each name has passed 
in review, our recollections of personal characteristics and peculiarities 
have been vivid and impressive. The kindly faces, genial humors 
and incisive intellectual gifts of all, are with us a living memory, but 
space did not permit of word-painting. As a result, our work is of 
composite order. We have preferred to allow the sketches generally 
to stand as received, imperfect as some of them will be esteemed, 
and less full than was desirable. No material facts have in any case 
been omitted. An alphabetical order of arrangement has been adopted 
from necessity. 

It is probably an event with scarce a precedent, that the reporters 
of two constitutional conventions were, a generation later, entrusted 
Avith the work of sketching the lives and career of their old friends 
and associates. All were then young or in the prime of life. Grey 
hairs and the death roll are now all that remain to us. Pleasant 
and sad memories have mingled with our work, which has been an 
agreeable one, but not unmi:;ed with anxiety as to a satisfactory ending 
We bespeak pardon in advance for such errors as may manifest them- 
selves. We feel that we have done all we could with the imperfect 

information at command. 

H. A. TENNEY, 

DAVID ATWOOD. 

Madison, ynly., iSSo. 



EARLY HISTORY OF WISCONSIN. 



ORKilX OF THE TERRITORY. 

It seems necessary to a right understanding of some of the 
most important questions agitating the west only a little over 
a generation ago, to precede the sketches of members of 
the conventions by a brief preliminary and explanatory 
chapter. While this can only be partially done, omitting 
much of interest and value, it will nevertheless, it is hoped, 
sufficienth' illustrate a few leading and now forgotten points 
of contention; indicate to somq, extent the thought of the 
period, the difficulties to be met, and the measures regarded 
as essential to the protection and security of the future. 
State constitutions in many respects are the outgrowth of 
the necessities of the time in which the}^ are framed, and 
are thus a type of the era which gives them birth, directl3' 
reflecting pul)lic opinion in their chief features, and hence 
of fjreat historical siirnitlcance. Considered as land-marks 
in the nation's progress, we have no more certain guides 
than the organic laws of the states. They are reliable 
photographs of the time that produced them, whatever 
changes may thereafter be made. 

TERRITORY XORTIIWEST OF THE OHIO RIVER. 

To date from the earliest historical jieriod, the territory 
now embraced within the limits of Wisconsin was for a 
long period under the nominal jurisdiction of the govern- 
ments of France and England, but neither power, if a 



6 CREATION OF XORTII-WEST TERRITORY. 

few names of places are excepted, left any enduring impres- 
sion. At and before the close of the war of the American 
Revolution which freed the country from foreign control, 
Virginia claimed as within its chartered limits all the region 
covered by the present states of Ohio, Indiana, Illinois, 
Michigan, Wisconsin and about half of Minnesota. As 
the charters of several other colonies covered portions of 
the same territory, it soon led to bitter controversy; and, 
to forever settle the difficulty, at about the time of the 
formation of the Federal Constitution, Virginia, with a 
noble unselfishness, voluntarily surrendered its claim by 
ceding all its rights to the general government upon certain 
conditions, which were accepted. This action was em- 
bodied in the celebrated Ordinance of 1787 — an enactment 
that in its scope and bearing upon the future of the country 
will be regarded as one of the most important that ever 
emanated from a legislative body. 

Except that this ordinance was in effect a new charter 
of freedom, the only provision of special importance to 
Wisconsin was the one relating to future state boundaries. 
These, as to Ohio, Indiana and Illinois, were specifically 
defined, and all disputes that followed grew out of changes 
thereafter made by congress. The words of the proviso 
in the ordinance were as follows: "That it is further un- 
derstood and declared that the boundaries of the three 
states (aforesaid) shall be subject so far to be altered that 
if congress shall hereafter find it expedient, they shall have 
authority to form one or two states in that part of said 
territory which lies north of an cast and zvcst line drawn 
through the southerly bend or extreme of Lake Michigan^ 
This language seems to be simple, plain and direct. Had 
the condition been followed according to the terms of the 
act ceding the territory, the effect would have been great 
and manifest, not only as to our boundaries, but as to the 
general welfare of the Union at large, as subsequent events 
have abundantly demonstrated. 



BOUNDARY CHANGES. 7 

BOUNDARY CHANGES. 

The territoiy northwest of the Ohio river embraced the 
whole countrv east of the Mississippi extending to the west 
line of the state of Pennsylvania. It was organized in 
1787. At that period the Mississippi river marked the 
western boundar}' line of the United States, and it was not 
until after the purchase of Louisiana was effected that it 
was removed westward to the shores of the Pacific. 

Ohio was organized as a territory in 1787, and continued 
such until March 3, 1803, when it was admitted into the 
Union as a state, with substantially its present boundaries. 

In 1800, the territory of Indiana was set off from Ohio, 
with jurisdiction, except as to Michigan created in 1805, 
over all the balance of the northwest territory, which con- 
tinued until February 3, 1809, when Illinois territory was set 
off. Indiana was admitted as a state, December 11, 1816. 

Illinois was organized as a territor}^, February .3, 1809, 
and admitted as a state, April 18, 1818. October 26, 1818, 
Wisconsin was attached to Michigan. 

Michigan territory was organized January 11, 1805, and, 
after the Louisiana purchase, its boundaries were largely 
extended by several acts of congress. It was admitted as 
a state, January 26, 1837. 

Wisconsin remained a part of Ohio territory from 1787 
to 1800; of Indiana from 1800 to 1809; of Illinois from 1809 
to 1818, and of Michigan from 1818 to 1836. At the time 
the Territor}' of Wisconsin was organized it comprised the 
present states of Iowa and Minnesota, and about half of the 
present territory of Dakota. It was admitted as a state 
May 29, 1848. 

Iowa was organized as a territorial government, June 12, 
1838, and admitted as a state December 8, 1846. 

Minnesota was attached to Iowa territorv from 18^8 to 
March 3, 1849, when it was separately organized. It was 
admitted as a state. May 11, 1858. 

Dakota was attached to Michigan territory by act of 



b BOUNDARY DISPUTES EFFECT ON WISCONSIN. 

June 28, 1834; ^^ AVisconsin b}' act of April 20, 1836; to 
Iowa by act of June 12, 1838. It was organized as a sepa- 
rate territor}^ March 2, 1861. 

BOUNDARY DISPUTES THE EFFECT ON WISCONSIN. 

The original boundaries of Michigan territory coincided 
with those of the present state except that the western 
line drawn through the center of Lake Michigan was 
originally extended direct to Lake Superior. Had this 
boundary remained permanent, as in reason it should have 
been, all the great iron and copper region on the north 
would have necessarily fallen to Wisconsin. Why it did 
not is deserving of brief explanation. 

Michigan as a terrritory always claimed as its southern 
boundary the line drawn east and w^est through the south 
end or extreme of Lake Michigan as established by the 
ordinance of 1787. It not only claimed this, but actually 
for a long period — from 1805 to 1834 — exercised control 
and jurisdiction over it, and the right was not officially 
disputed. As this line would include the present city of 
Toledo and the mouth of the Maumee river, Gov. Lucas, 
of Ohio, in 1835, ^^^^ claim to jurisdiction, as far as that 
state was concerned, over the entire region in dispute. 
Both sides thereupon called out their militia, the disputed 
territory was for a season occupied by military force, and 
such was the excitement that for a time a collision was 
greatly feared. In the end, however, congress, as a com- 
promise, in admitting Michigan as a state, extended its 
northern boundary westward so as to include most of the 
iron and copper region of Lake Superior, and thus stripped 
Wisconsin of its natural line on the northern frontier, and 
gave to Ohio the territory in dispute. 

When Iowa v/as set off by act of June 12, 1838, the 
limits of Wisconsin were contracted so as to embrace only 
the country east of the Mississippi river. This covered a 
large portion of Minnesota north of Lake St. Croix. Iowa, 



EOU:>DARY DISCUSSIONS. 9 

Minnesota and a large part of Dakota were a part of 
Wisconsin territory from 1836 to 1838, and all of Minne- 
sota east of the Mississippi river from 1838 to 1848. On 
the consummation of the act of admission as a state, Hon. 
John Catlin, Secretary of the Territory of Wisconsin, 
as territorial governor, ex ojficio^ issued a proclamation con- 
venincj a meetinij of settlers north and west of Lake St. 
Croix, which he personally attended, and thus secured the 
preliminary steps for organizing the new territor}- of Min- 
nesota, which, by act of congress, was consummated 
March 3, 1849. 

BOUNDARY DISCUSSIONS. 

During the entire period of territorial government, the 
proper boundaries of Wisconsin were a subject of con- 
stant discussion both within and without its legislative 
halls. Michigan by its decided action had secured a 
southern border some sixtv miles south of Wisconsin, and 
only yielded the line conferred in the ordinance of 1787 
by a compromise which was made at the expense of our 
territory. Tiie line of the state of Illinois was carried 
north of that establislied by the original ordinance ceding 
the northwest territor}^ to the general government, about 
one hundred miles. The reasons for this were wholly of 
a political nature, and evinced such profound foresight 
and sagacity on the part of the fathers of the republic, as, 
in the light of subsequent events, to call for unqualilied 
admiration. Yet for many years the}^ were not under- 
stood or appreciated, and were by no means satisfactory 
to the new territory', since they took from it some of the 
most fertile agricultural lands, and the most important 
commercial lake port in the west. As a consequence, 
nearly every territorial session besieged congress by memo- 
rials and petitions to restore the boundary defined by the 
ordinance of 1787. Nor did the ellort cease until the state 
constitution was finally adopted. 



lO BEGINNING OF CIVIL GOVERNMENT. 

Opinions differed much as to the proper line of north- 
western boundary. As Wisconsin was the fifth and last 
state wholly organized within the original limits of the north- 
west territory, and it was a part of the compact with Vir- 
ginia that the number should not exceed five, it was held by 
some that all the country south of the parallel of 49°, and 
east of the Mississippi, must necessarily constitute a part 
of its territorial area. But as it was seen that such boun- 
daries would be illy proportioned, and, when the country 
was settled, contain a population connected by no natural 
ties of interest or afhnit}^ this proposition found little favor. 
One plan, and at first well received, was a line drawn from 
the mouth of the St. Louis river westward to near the 
mouth of Rum river, on the Mississippi, but as this would 
cut off' Minnesota from ports on Lake Superior, it was 
soon abandoned. Another plan strongly urged by the 
delegates in convention from that section, was a line drawn 
eastward from Mountain Island in the Mississippi to about 
the line of the fourth principal meridian, and thence north 
to Lake Superior. This would have set off the whole 
basin of Lake St. Croix and most of its river valleys 
into the territory of Minnesota, and was not favorably 
received. Finally the present boundarv proposed by 
congress was accepted, and a long controversy thus finally 
closed. 

BEGINNING OF CIVIL GOVERNMENT. 

Wisconsin was attached to Michigan territorv, October 
26, 1818. During the same year Gov. Lewis Cass erected 
the county of Brown, which with portions of the county 
of Michilimackinac embraced the entire eastern half of 
the present state, and appointed the following officers: 
Matthew Irwin, Chief Justice; Charles Reaume and 
John Law, Associate Justices of County Court; Mat- 
thew Irwin and John Bowyer, County Commissioners; 
Matthew Irwin, Judge of Probate; Robert Irwin, Jr., 



LEGISLATIVE REPRESENTATION, ETC. II 

Clerk; George Johnston, Sheriff; and Charles Reaume, 
Justice of the Peace. 

Crawford county, covering the balance of the territory, 
was erected at the same time. In 1823, a territorial circuit 
court was established, embracing the counties of Brown, 
Crawford and Michilimackinac, and Jaimes Duane Doty 
was assigned to it as Judge. 

legislative representation. 

The legislative council of Michigan territory was com- 
posed of thirteen members. No other branch was provided 
for. In 1824, Robert Irvin, Jr., w^as elected to this body 
from Brown county, being its first representative. He 
served, through re-elections, until 1831. A new district 
was created in 1832, composed of the counties of Ciiippewa 
and Michilmackinac, portions of which were located in 
what is now Michigan, and Brown, Crawford and Iowa in 
Wisconsin, and Henry Dodge and Morgan L. Martin 
were elected to the Legislative Council. In 1834, James 
Duane Doty and Morgan L. Martin w^ere chosen, and 
held their seats until state government superceded that of 
the territory, which it did partialh' in 1836, although the 
state was not formally admitted until 1837. The lirst 
known formal movement for the creation of the Territor\- 
of Wisconsin, was a memorial to congress passed by the 
legislative council of Michigan in 1834, 'i-'^king that it be 
set off and organized separately as a preliminar}- to fram- 
ing a constitution of its own, and applying for admission, 
as its population then reached the necessary number of 
60,000 and more. 

organization of territory of WISCONSIN. 

Wisconsin was created a separate territory bv act of 
congress approved July 4, 1836. Its Executive Depart- 
ment consisted of a Governor, J?ecretary and Attorney 
General. Its Judiciary of a Chief Justice, two Associate 



12 ORGANIZATION OF TERRITORY OF WISCONSIN. 

Justices and a Clerk of the Court. Its Legislative was a 
Council composed of thirteen members, elected for four 
3^ears, and a House the term of whose members was two 
years. In 1844, ^^^ system was so far changed that the 
Council was chosen for two years, and the House annually. 

The officers first appointed were Henry Dodge, Gov- 
ernor; John S. Horner, Secretary, and Henry S. Baird, 
Attorney General; Judges of Supreme Court, Charles 
Dunn, C. J., William C. Frazer (wh(5 died before any 
service rendered), David Irvin, and Andrew G. Miller 
Associates. Clerk of Court, John Catlin. 

During the existence of territorial government, the gov- 
ernors were Henry Dodge, James Duane Doty and N. 
P. Tallmadge — Gov. Dodge serving as the first and last 
governor. The secretaries were John S. Horner, Wm. 
B. Slaughter, Francis J. Dunn, A. P. Field, G. R. C. 
Floyd and John Catlin. The judges remained un- 
changed from first to last. The clerks were John Catlin, 
Simeon Mills and La Fayette Kellogg. The dele- 
gates to congress, were George W. Jones, James D. 
Doty, Henry Dodge, Morgan L. Martin, and John 
H. Tweedy. 

The first session of the territorial legislature was held at 
Belmont, Iowa count}^ (now La Fayette), commencing Octo- 
ber 25, 1836. Henry S. Baird, of Brown county, was 
elected President of the Council, and Peter H. Engle, 
of Dubuque, Speaker of the House. At this session the 
territorial capitol was located at Madison, but the legisla- 
ture did not meet there until 1838, after Iowa territor}^ was 
set off from Wisconsin. At this session William Bullen, 
of Racine county, was elected President of the Council, and 
John W. Blackstone, of Iowa, Speaker of the House. 

pioneer settlement. 

It is difficult if not impossible to convey to the present 
generation a correct impression as to the actual condition 



PIONEER SETTLEMENT. 1 3 

of the new territory at this period, since, except among 
pioneer settlers, tliere is nothing in its experience that fur- 
nishes a standard for comparison. The most it can con- 
ceive is a vast and fertile region as yet unsurve3'ed and 
scarcely penetrated b}' the white race, without settlements, 
roads, bridges or population, except in a few widely scat- 
tered and detached farms, hamlets and %illagcs, clustered 
generally about military posts. In 1830, the population 
west of Lake Michigan by census enumeration aggregated 
less than 3,000, v nich in 1840 had only increased to 30,- 
945. When the capitol was located at Madison, what is 
now Dane county contained but very few permanent white 
settlers, and many others now teeming with industrious 
multitudes were then wholly unoccupied. Isolated com- 
munities W'as the rule, to which there was no exception, 
and lack of means and routes of travel scarcely permitted 
other than slow and most difficult communication. Gradu- 
ally, liowever, mail service was secured, and the swell of 
incoming immigration brought the early settlements nearer 
and nearer to each other. The movement at Jlrst slow, 
3-early gained in intensity, until the waste places were nearly 
all absorbed. 

It was fortunate for Wisconsin that state organization 
did not take place until the financial afllairs of the country 
had settled down upon a safe business basis, and wild and 
reckless enterprises received no countenance. The bitter 
experience of the states formed out of the old northwest 
territorv served as a lesson and warning, which was not 
lost when the essential features of our proposed constitu- 
tion received a preliminary discussion. xVt one period, 
these states can scarcely be said to have had either credit 
or resources, while their debts, incurred for works which 
even when completed scarce paid the cost of repairs, were 
out of all proportion to the assessed \aluation of propert}'. 
As late as 1843, the state of Ohio sold its bonds at lifty 
cents on the dollar to raise funds to meet obliiifations, while 



T4 ROUTES OF EARLY IMMIGR/VTION. 

the bonds of Michigan, Indiana and Illinois were for several 
years quoted in market at from twenty to thirty cents, with 
few or no buyers. Such was the penalty paid for embark- 
ing the public credit in wild schemes, without resources to 
meet even the ordinary expenses of local government. 

ROUTES OF EARLY IMMIGRATION. 

Except about military posts, and with slight other excep- 
tions, permanent settlement first began in Wisconsin about 
1826, in the lead region, or present southwest counties, and 
for many years, population pressed in by way of the Mis- 
sissippi river, before the route by the great lakes was fairly 
opened. For a long period Galena was more of a com- 
mercial mart for supplies for the interior of Wisconsin than 
Milwaukee or other lake ports, while Chicago was scarcely 
known in that connection. The southern states were at 
first more numerously represented than the eastern. Lead 
mining had developed into a great leading industry on one 
side of the territory, while agriculture was commencing on 
the other. The two streams of settlers finally met about 
midway, but several years elapsed before the eastern cur- 
rent largely predominated. As a result, the diversity of 
interests, ideas and modes of thought between the two 
sections were much more striking in early times than at 
present. Time, which has obliterated so man}- pioneer 
landmarks, has not even yet effaced the peculiar character- 
istics of the two sections. 

PROJECTED ROUTES OF TRAVEL AND TRANSPORTATION. 

Naturally, the first efforts of the pioneer era were 
directed to securing channels of communication with the 
interior and outer world. Laws for surveying and mark- 
ing out roads were amongf the first enactments of the ter- 
ritorial legislature. Canals were projected from several 
of the lake ports, among which may be mentioned one 
from Sheboygan to Fond du Lac; another from Milwau- 
kee to Rock River, and thence by way of the Four Lakes 



PROJECTED ROUTES OF TRAVEL, ETC. 1 5 

to the Wisconsin; while the Fox and Wisconsin river route 
was universally believed destined to become the great 
central channel of commerce. To the buoyant imagination 
of the time all rivers of any size were deemed navigable, 
while their branches were regarded as routes for future 
canals. So many village and city sites were laid out and 
platted, whose names even are now wholly lost, that the 
present realization is almost a blank by comparison. It 
was a period of vast projects, limitless enterprises, and 
chimerical speculations which has had no parallel. 
All this, too, when the population imported most of its 
provisions, and, exxept the product of lead furnaces, ex- 
ported nothing. 

Railroad projects received early attention, and charters 
were acluallv granted before even highways were laid out 
in many places from lake ports to the interior. Often the 
line and terminal points were not even indicated. Among 
the earliest efforts in this direction was a memorial to con- 
gress, passed in 1840, asking for the survey and construction 
of a railroad from Lake Michigan to the Mississippi river. 
It was not until ten 3'ears later that any of our existing 
routes were definitely decided upon, companies really or- 
ganized, and work of construction seriously commenced. 

The pt^iod from about 1830 to 1837 was one of great 
and almost limitless financial currency expansion. In that 
year, in the states east of us, it reached a natural culmina- 
tion, followed by a crash that speedily carried down most of 
the banking: institution in the United States. The Banks of 
Green Bay and Mineral Point, the only ones within the 
territory, ended in the same way, and for some years the 
early settlers had little or no currency other than the small 
sums brought in by newly arrived immigrants. In the 
southwest counties or lead region, citizens of all classes 
combined and refused to receive or use anvtliing but gold 
and silver as a measure of exchangeable values. Lumi- 
iiration, which liad commenced coming in a flood soon after 



l6 THE REVOLUTIONS OF A GENERATION. 

territorial organization, was not only checked, but actually 
recoiled eastward, and it was not until about 1843-4 .that 
the current turned westward again, since which time it has 
known no abatement. 

THE REVOLUTIONS OF A GENERATION. 

Pioneer settlers in the northwest, if they cannot be said 
to have witnessed the exodus of nations, have certainly 
been spectators of the ingress of multitudes so vast 
in number as to well deserve that name. Within the limits 
of a generation in point of time, they ha\'e seen almost 
limitless wastes of forest and prairie, in natural and normal 
wildness, changed from a desert to the home of teeming 
populations, possessing every appliance of art, and every 
advantage of moral and material improvement. Looking 
upon the mighty movement in gross, it might be said with 
truth that representatives of all Europe had marched upon 
western America. But the invasion was peaceful — the 
march a silent one. The hosts encamped upon the waste 
places so quietly as scarcely to awaken surprise. Experi- 
ence of the mighty change grew, indeed, to be habitual. 
It was not until it ended in particular localities that it began 
to attract much attention. The frozen north ec^ally with 
the semi-tropical south have been almost equally overrun 
— and yet the impulse has as yet scarcely known pause. 
It is to continue until the world's populations, productions, 
and perhaps means of livelihood, reach an equilibrium. 
Like the glacial era in geological records, it is the grand 
mixing of diverse peoples — the abrading force, grinding 
prejudice against prejudice, religious S3'stem against relig- 
ious system, nationality against nationality, until from the 
ultimate product there shall spring, as we believe, a higlier 
development and nobler race to elevate the career of hu- 
manity. History furnishes no parallel to this wondrous 
movement. It will ever stand out sinfjle and isolated as 
the greatest event in human annals. 



EARLY IMMIGRATION — NEWSPAPERS. I7 

EARLY IMMIGRANTS. 

Pioneer settlement founded and opened the way to the 
teeminj^ multitudes that have followed. Tlie early comers 
were almost exclusively of American birth and parentage. 
At the period of the conventioiis to frame a state constitu- 
tion, foreign emigrants composed but a small per cent, of 
the population. They had gained a foothold, indeed, but 
were in no part a controlling authority. Pioneer experi- 
ence, therefore, was unique in its way, — in all its conditions 
and surroundings, unlike the present. It could occur but 
once, and will be reproduced to no future generation. It 
was a Golden Era, the twilight of the rftorning of the birth 
of mighty states, and must ever remain one of the most 
interesting chapters in our history. It is for this reason 
that its details, hardships, purposes and modes of life, hopes 
and expectations, interesting even now, will, as the years 
progress, be esteemed more and more valuable. They err 
sadly who think such records puerile, or of small value. 
The future will cherish and perpetuate them as the choicest 
gifts this generation can confer. 

TERRITORIAL NEWSPAPERS. 

The first newspaper established in the territory of Wis- 
consin was at Green Bay, named the JnfcIIigriiccr, in 1833, 
J. V. SuYDAM editor. In 1834, ^^^^ establishment passed 
into the hands of Albert G. Ellis, and was continued with 
varying fortunes till 1837, when it was suspended, and the 
office removed to Southport (Kenosha) in 1840, leaving 
I^rown county without a newspaper. In 1839, ^^^^ number 
had increased to iive, to wit: 

The Wisconsin Democrat, Green Bay, Charles C. Sholes, editor. 

Advertiscfy Milwaukee, Daniel \\. Richards, editor. 

Sentinel, Milwaukee, Harrison Reed, editor. 

Wisconsin Enquirer, Madison, J. A. Noonan, editor. ' 

Wiscortsin Express, Madison, W. W. Wjman, editor. 



l8 SCHOOLS AND EDUCATION STATE GOVERNMENT. 

In 1845, the number had increased to eleven, and at the 
close of territorial government in 1848, thirteen were pub- 
lished. Now, 1880, they number 302. 

SCHOOLS AND MEANS OF EDUCATION. 

Wisconsin from the first has never been without schools. 
They were established by missionaries at Green Bay and 
Prairie du Chien near one hundred years ago, and there- 
after speedily followed all new military posts and settle- 
ments. The territorial government provided for common 
schools among its first acts. They were of course isolated 
and wide apart, but, nevertheless, increased with settle- 
ment, and had taken firm foothold before the state was' 
organized. This is equally true of academies and institu- 
tions of higher grade, in which various church organiza- 
tions may be included. Education was ev^er recognized as 
of paramount importance in the new commonwealth. 

PRELIMINARIES TO FORMATION OF STATE GOVERNMENT. 

The question of forming a state government was very 
early urged upon the attention of citizens of the territory. 
In his message to the legislature in 1838-9, at the first ses- 
sion held in Madison, Gov. Dodge called attention to a bill 
introduced into congress for that purpose, and advised that 
provision be made to obtain a popular vote. The subject 
was referred to a committee, which reported that, as a 
preliminary step, it was necessary to have the southern 
boundary definitely decided and established. In 1839-40, 
the governor renewed his recommendation, and advised 
that a resolution be passed to submit the question at the 
August election, and that a convention be called of dele- 
gates from all parts of the territory, to pass upon it. The 
proposition was not received with favor. In 1840-1, a res- 
olution was adopted authorizing a vote of the whole people. 
In 1841-2, Hon. Levi Sterling reported from the commit- 
tee on Territorial Affairs, to whom the subject had been 



FORMATION OF STATE — FIRST CONVENTION. I9 

referred, that a communicatioo from the secretary of the 
territory showed that the vote returned as cast at tlie pre- 
vious election was only 92 for state government, 499 ai^ainst 
it, and recommended no further action. In 1842-3, another 
vote seems to have been taken, the result of which, as 
communicated by Col. Alex. Botkin, acting secretary, to 
the legislature, showed that 619 votes had been cast for, 
and 1,821 airainst the change, and that eleven counties had 
made no report. In 1843-4, the return of votes cast upon 
the proposition showed 541 for, and 1,276 against it. It 
was generallv denounced at the time as " Dotv's pet 
scheme." In 1844, the question was again introduced, but 
indefinitely postponed in the council. In 1845, a bill for the 
purpose was defeated in the house. In January-, 1846, a 
bill passed both houses, submitting the question to the 
people for their approval or disapproval. It provided for 
a representation of 124 members, and divided the territory 
into the necessary election districts. The law was ratified 
by a majority vote, and in accordance with its terms, dele- 
gates were subsequent!}' elected to form a constitution to 
be submitted to popular approval. 

the first convention — nativity and occupations. 

This body met at Madison on the 5th of October, 1846, 
and closed its labors on the i6th of December following. 
The constitution it had framed was submitted to vote at 
the ensuing spring election, and after an exciting contest, 
the elVects of which were long manifest in political circles, 
it was defeated, chiefly owing to differences of opinion 
upon the article in relation to the rights of married women, 
the article on exemptions, the bank articles, the number of 
representatives in the legislature, and the elective iudiciar3% 

This convention was at the time, and has ever since been 
regarded as one of great, if not extraordinary, intellectual 
ability. Its members were all in the prime of life, the rep- 
resentatives of the systems of many states, generally highly 



20 THE FIRST CONVENTION — NATIONALITY. 

educated, and possessed of mental culture far above the 
average of men. In both their a^rreements and disatrree- 
ments, they exhibited an acuteness of logic and learning, 
and a comprehension of fundamental principles of govern- 
ment rarely if ever witnessed in a deliberative assembly. 

In its composition, nativity of members, and personal 
avocations and pursuits, it probably better illustrates the 
then per cent, of resident, but recent immigrants, and 
relative proportion of industrial pursuits, than any other 
demonstration in our power to make. 

Statistics taken from the record give the following re- 
sults as to nationality, to wit. 

WHERE BORN. 

New York 42 Kentucky 2 

Vermont iS Virginia 2 

Connecticut S Rhode Island 

Pennsylvania 6 New Hampshire 

Ireland ^ 7 Maryland 

Germany 3 Maine 

England i Island of Jamaica 

New Jersey 4 Unrecorded 16 

OCCUPATIONS. 

Farmers 69 Physicians 3 

Lawyers 26 Lumbermen 2 

Mechan'cs 7 Miller i 

Merchants 6 Unrecorded 5 

^lincr; 5 

New York, it will be seen, leads all other states in the 
number of members, and, with those from Vermont, nearly 
comprised a majority. As each state has some peculiarities 
in organic structure, it is not a matter for surprise that di- 
versity existed when it came to framing a new fabric. The 
occupations, too, are quite signiticant. The farming ele- 
ment was largely predominant, while the lawyers — out of 
proportion as to their relative numbers as citizens — fur- 
nished the master minds of the assemblage. As might 
have been anticipated, many novelties and innovations on 



THE SECOND CONVENTION — NATIVITY. 21 

past precedent and practice were brought forward, dis- 
cussed, dissected, and in the end became the basis, to some 
extent, of formal division. The proportion of foreign to 
native born will also attract attention for its wide 
disproportion as compared with the present. The Irish 
and German nationalities had just begun to emerge into 
public notice. With two exceptions only of delegates 
other than these, all were of American birth. 

SECOND CONSTITUTIONAL CONVENTION. 

On the failure of the first constitution of ratification by 
a majority vote, the territorial legislature was convened 
in extra session, and by an act approved October 27, 1847, 
a second convention was authorized. Representation in 
this body was reduced to sixty-nine members, and election 
districts altered to correspond \vith the change. The del- 
egates chosen convened at Madison on the 15th of Decem- 
ber following. Onty five of those who had served in the 
first convention were elected members of this body. The 
points of dillerence having been disclosed by the preceding 
canvass, its duties were in a great measure to make such 
modifications and changes as would meet general approval. 
While dirtering in no degree in point of ability with its 
predecessor, its members were regarded as more conserv- 
ative, and less extreme in their views. 

The nativity of members of the second convention was 
as follows: 

WHERE RORN. 

New York 25 Minne i 

Connecticut 9 Oliio 1 

Massachusetts 6 ^'il■li;inia i 

Vermont 5 Pennsylvania i 

New Hampshire 3 New Jersey i 

Kentucky 3 Maryland i 

Ireland 5 Northwest Territory i 

Germany i Unrecorded i 

Norway i 



22 RECORD OF MEMBERS PREVIOUS TO CONVENTION. 

The body was composed of sixty-nine members. 

OCCUPATIONS. 

Farmers 31 Millers 2 

Lawyers 19 Lumberman . i 

Physicians 5 Geologist i 

Merchants 5 Civil Engineer i 

Editors and printers 3 Unknown i 

In the first convention, the oldest member, William 
Berry, was aged 65; the youngest, George B. Smith, was 
aged 23. In the second, the oldest w^as Joseph Colley, 
aged 65; the youngest was Harvey G. Turner, aged 25. 
Omissions in the records of the first body prevent an accu- 
rate statement of the average age. It was probably about 
37 years, and this w' ould hold about correct as to the second. 

record of members previous to first convention 
Of the members of the first constitutional convention, 
the following had previously served one or more terms in 
the Territorial Council: 

Henry S. Baird, Marshall M. Strong, Don. A. J. Upham, 

Charles M. Baker, Moses M. Strong, James R. Vineyard, 

Frederick S. Lovell, John H. Tweedy, Ninian E. Whitesides. 

The following had served one or more terms in the House: 

David Agry, Andrew E. Elmore, Asa Kinney, 

Chas. E. Browne, Moses S. Gibson, Ja<. Magone, 

Thomas P. Bm-nett, David Giddings, John H. Manahan, 

Dan'l R. Burt, Neely Gray, Moses Meeker, 

John Crawford, John Hackett, Dan'l M. Parkinson, 

Thomas Cruson, Franklin Z. Hicks, Horace D. Patch, 

William M. Dennis, Benj. Ilunkins, Noah Phelps. 

Pitts Ellis, Thomas Jenkins, 

Of the members of the Second Convention, the following- 
had previously served in the Territorial Council for one or 
more terms: 

Morgan L. Martin, Frederick S. Lovell, 

John H. RoLintree, Edward V. Whiton. 

And in the House: 

Bvron Kilbourn, Andrew B. Jackson, 

V/iiliam Richardson, William A. Wheeler, 

Geo. W. Featherstonhaiigh. 



RECORD AFTER STATE ORGANIZATION. 



Several of the members of both bodies liad, previous to 
locating in Wisconsin, served as members in the lef;isla- 
tures of other states. 

RFX'ORD AFTER STATE ORGANIZATION. 

The following members of the First Constitutional Con- 
vention, fifty-two in number, were elected and served either 
as Senators or Assemblymen after the state was organized. 
for one or more terms: 



David Agrv, 
Hiram Barber, 
J. Allen Barber, 
Stephen O. Bennett, 
John W. Boyd, 
Charles Burchard, 
Horace Chase, 
Warren Chase, 
S. T. Clothier, 
Hopewell Cox, 
John Crawford, 
Wm. M. Dennis, 
E. W. Edgerton, 
Pitts Ellis, 
Andrew E. Elmore, 
G. M. Fitzgerald, 
Moses S. Gibson, 



James Gilmore, David Xoggle, 

Lemuel Goodell, D. M. Parkinson, 

E. B. Goodsell, Rufus Parks, 

Wallace ^V'. Graham, H. O. Patch, 



Wm. C. Green, 
John Hackett, 
Wm. B. Hesk, 
F. Z. Hicks, 
F. Huehschmann, 
Benj. Hunkins, 
Geo. H yen, 
Thos. Jenkins, 
Stoddard Judd, 
C. J. Kern, 
Asa Kinney, 
Joseph Kinnie, Jr. 
F. S. Lovcll, 
V. M. WiUard. 



Theodore Prentiss, 
A. W. Randall, 
Pat. Rogan, 
Geo. B. Smith, 
Elijah Steele, 
Marshall M. Strong, 
Mosps M. Strong, 
Pat. Toland, 
Peter H. Turner, 
John H. Tweedy, 
James R. Vineyard, 
Salmons Wakeley, 
N. E. Whitcsides, 



Of the members of the Second Convention, thirtv-one 
out of the sixty-nine composing that body have since 
served in the State Legislature for one or more terms, 
either as Senators or Assemblymen, as follows: 



A. M. Carter, 
Warren Chase, 
Paul Crandall, 
Jolm L. Doran, 
Charles Dunn, 



E. A. Foot, 
George Gale, 
Peter D. Gifford, 
Louis P. Harvey, 
S. P. Hollenbeck, 



Experience Estabrook. Stoddard Judd, 



James Fagan, 
D. G. Fenton, 
G. M. Fitzgerald, 
Jonas Folts, 



James T. Lewis, 
F. S. Lovell, 
Geo. W. Lakin, 
Charles H. Larkin, 
Abraham \'anderpool. 



HoIIis Latham, 
S. R. McClellan, 
Morgan L. Martin, 
Theodore Prentiss, 
J. D. Rcymert. 
William Richardson, 
Eleazer Root, 
John H. Rountree, 
H. T. Sanders, 
H. G. Turner, 



24 SERVED IN HIGHER OFFICES OF STATE AND NATION. 
SERVED IN HIGHER OFFICES OF STATE AND NATION. 

The following named members of the conventions have 
filled the positions respectively mentioned, either state or 
national, for one or more terms, as follows: 

Jn the Cabinet. — Alexander W. Randall, First Assistant, and Post- 
master General. 

Ministers to Rome. — Alexander W. Randall and Rufus King. 

Delegates to Congress. — James Duane Doty, Morgan L. Martin and 
John H. Tweedy. 

Congressmen. — Orsamus Cole, James Duaije Doty, Charles H. Lara- 
bee and J. Allen Barber. 

Governor of Territories. — James Duane Doty, both of Wisconsin and 
of Utah. 

Governors of the State. — Alexander W. Randall, Louis P. Harvey and 
James T. Lewis. 

Governor of Florida. — Harrison Reed, for six years. 

Lieutenant Governors. — Samuel W. Beall, James T. Lewis. 

Lieutenant Governor of Minnesota. — William Holcombe, at first or- 
ganization of the state. 

Secretaries of State. — Louis P. Harvey and James T. Lewis. 

State Treasurer. — Edward H. Janssen. 

Attorneys General. — Henry S. Baird, A. Hyatt Smith, George B. 
Smith, Experience Estabrook and William R. Smith. 

Bank Comptroller. — William M. Dennis. 

Superintendent of Public Instruction. — Eleazer Root. 

Chief Justices of Territories. — Charles Dunn and Da\«d Noggle. 

Chief Justices of the State. — Edward V. Whiton and Edward G. 
Ryan. 

Associate Justice. — Orsamus Cole, for a period of twenty-five years, 
and has just entered upon a new term of ten years. 

Judges of Circuit Courts. — Edward V. Whiton, Charles H. Larrabee, 
George Gale, David Noggle and Alex. W. Randall. 

/« Military Service. — Major General. — Rufus King. 

Colonels and Lieutenant Colonels. — Charles H. Larrabee, John L. 
Doran, Horace T. Sanders, Samuel W. Beall and Frederick S. Lovell. 

Majors. — Morgan L. Martin and Moses S. Gibson. 

Several served in less important positions. Among them 
we note Capt. Horace D. Patch, who died in the service. 
Whether in cabinet, executive office, court, council or the 
field, the representatives of the constitutional conventions 



CONSTITUTION OF 1846 REJECTED — THE DEAD. 25 

were noted for learning, probity and unswerving patriotism. 
A state that before its eighteenth year had sent 96,000 of 
its sons to swell the armies of the Federal Union, has made 
a record that may well make posterity proud of its authors. 

CONSTITUTION SUBMITTED IN 1846 AND REJECTED. 

The constitution submitted for approval in 1846 was not 
included in the journal of the convention, nor published, 
except in pamphlet form, and is now out of print, and rarely 
to be found even in public libraries. For this reason we 
have deemed its republication an essential part of this 
pioneer record. It was the primary organic law, modified 
into our present constitution, which, with but few compar- 
atively unimportant amendments, has stood all tests of a 
generation since its adoption. 

THE ILLUSTRIOUS DEAD. 

It is not without a feeling of pride, mingled with sadness, 
that we allude to a few of the more illustrious dead of the 
members of the constitutional conventions. Probably the 
annals of no other of the younger American states present 
an array of names among its founders called to lill so many 
important positions, or whose public careers shed a brighter 
lustre on the pages of hisLorw 

Jamrs Duane Doty and Chief Justice Charles Dunn, 
and their associates, ma}- properly be regarded as the 
founders of civil jurisprudence in Wisconsin, the authors 
of a system which, under the cultured and careful admin- 
istration of Chief Justice Edward V. Whiton, after state 
organization, make up the sum of the civic code of the 
present, enlarged and enriched b3'the profound learning of 
our present Ciiief Justice, Edward G. Ryan, and his long 
tried Associate, Orsamus Cole. It is the concurrent testi- 
mon}' of the legal profession that in erudition, thorough 
research, and far-seeing sagacity, the precedents established 
by their decisions constitute land-marks for the guidance 
of the future, which will entlure even longer than the fabric 
of state iTovernment. 



26 THE ILLUSTRIOUS DEAD. 

Amoncj the lawyers specially gifted, the names of Mar- 
shal M. Strong, David Agry, Henry S. Baird, Don A. 
J. Upham, Frederick S. Lovell, Charles M. Baker, 
Alexander W. Randall, George Gale, Horace T. 
Sanders, and Samuel W. Beall, were of special promi- 
nence. In professional ability they justly took high rank. 

As a member of the national cabinet, Alexander W. 
Randall stands alone; but as a lawyer, judge, governor 
and foreign minister, his merits and abilities were equally 
conspicuous, and placed his name in the front rank both as 
a jurist and statesman. Gov. Louis P. Harvey, after a 
career distinguished for merit, fell early as a martyr to 
patriotism and humanity, while making efforts to mitigate 
the horrors of the battle field. Lieut. Governor Samuel 
W. Beall, after years of military service in defense of the 
Union, met death by violence. William Holcombe, 
after ably representing that part of Minnesota at the time 
of the conventions included in Wisconsin, died after filling 
the position of first Lieutenant Governor of that state. 
Edward H. Janssen was for four years treasurer of state. 
Henry S. Baird, George B. Smith and William R. 
Smith respectively filled the position of Attorney General. 
David Noggle held the position of Chief Justice of Idaho 
terrilor\- until a short time before his death. 

Ill positions less prominent but scarcely less important, 
we may notice among physicians the name of Doctors 
Alfred L. Castleman, Stoddard Judd, and Moses 
Meeker, each noted for professional skill. Of editors, the 
names of John Y. Smith, Rufus King and George 
Hyer, were conspicuous for learning and ability. In 
Gi-:orge W. Brownell, who, after a long career of travel 
and investigation, finally perished by the hand of sa\'ages, 
science lost one of its most earnest and devoted pioneer 
votaries. 

Of all, it may be said, they faithfully and conscientiously 
disi.h;irgi-d their \rAvi, and tiicir names are worthy of rec- 
ord on the world's roll of honor. 



THE RE-UNION — ANNIVERSARY MEETING. 27 

THE RE-UNION. 

ANNIVERSARY MEETING OF THE FATHERS OF THE STATE. 

Pursuant to a call made upon the suggestion of several 
surviving members of the constitutional conventions of 
1846 and of 1847-8, a meeting was held in the senate cham- 
ber in Madison, February i, 1878, it being the thirtieth 
anniversary of the signing of the organic law which 
when ratilied by a popular vote, became the organic law of 
Wisconsin. 

On motion of Judge Orsamus Cole, Hon. ^Morgan L. 
Martin, president of the second convention, was chosen 
to preside over the meeeting. 

On assuming the chair, Morgan L. Martin addressed 
the assemblage as follows: 

Gentlemen of the Convention: 

You have been called together at the suggestion of some of our former 
colleagues, and 1 lake pleasure in expressing the greetings due to the 
occasion. 

In the full vigor of life, and with all its important objects, and perhaps 
expectant honors before them, the delegates selected by the partiality of 
their neighbors to frame a government for our state, came together to 
perform the duty. 

That their labors were crowned with success, was proved by the adop- 
tion of the constitution by a popular vote; that they have continued to 
receive approval, is shown by the lact that its most important provisions 
remain unchanged, alter a trial of thirty years. 

A population of perhaj)s one hundred and fifty thousand, which rat- 
ified the constitution, has swelled to ten times that number, and yet the 
charter which was given us by Dlnn, Wiuxox, Harvey, King, Judd 
and their associates, still adorns the statute book of our state. While all 
honor is given to the men of the convention of 1S47, the names of Doty, 
Marsh.\ll M. Strong, Burnett, and their colleagues of 1846, should 
not be forgotten. They are ail illustrious upon the pages of our early 
history and now, that the excitements and asperitiess of the time liave 
passed away, we should do equal honor to all of the foremost men of the 
period in which they livtjfc. 

Success is not always the true criterion of the correctness of human 
action. Mistakes are sometimes fortunate in their results. Our people 
had J>ecome highly excited by many questions tlien undergoing public 



2S THE CaNVZXTION ROLL-CALL. 

discussion. The first convention largely imbibed the peculiar tenets of 
in-n of extreme views, and though a popular vote did not ratify their 
action, it was the ground-work upon which all our subsequent legislation 
was based. The constitution, as finally ratified, was the work of con- 
servatism. The current of public opinion, by the discussions of the 
previous year, had become so clearly defined, that we of the second con- 
vention had but to follow its course. 

Gentlemen of both conventions, let us then unite in ascribing appro- 
priate honors to all who participated in the formation of that excellent 
charter, under which we have become a great and prosperous state. The 
changes which time has wrought make our gatherings occasions of heart- 
felt gratulation, mingled with sadness. Our numbers are fearfully dimin- 
ished, but while any of us yet survive, let us cling together as a band of 
brethren, who wero all co-workers in a common cause, the creation of a 
fabric which may yet endure to guarantee to untold millions who survive 
us, "life, liberty and the pursuit of happiness." 

On motion of ex-Gov. J. T. Lewis, — who stated that 
Mr. Kellogg, the secretary of the first convention, was 
unable to be present, — Horace A. Tenney and David 
Atwood were chosen secretaries. 

The roll of the convention \\'as then called by counties, 
when the following named persons were found to be 
l")rcscnt: 

FIRST CONVENTION. 

Moses M Strong, Abel Dunning, Theodore Prentiss, 

Geo. B. Smith, Nathaniel F. Hyer, David L. Mills, 

Chas. E. Browne. 

SECOND CONVENTION. 

Orsamus Cole, Jas. T. Lewis, Theodore Prentiss, 

Wm. II. Fox, Morgan L. Martin, Milo Jones, 

Andrew B. Jackson, Samuel R. McClcUan, A. M. Carter, 

Chas. H. Larkin, John II. Rounlree, E. A. Foot, 

M'm. A. Wheeler. 

THE CONVENTION ROLL CALL. 

The rolls of the two conventions were then called in full 
to account for those absent as fully as |Iie memory of those 
juest-nt, as to the fortunes and fate of their old associates, 
would permit. As successive names were reached of the 
eminent men who have passed over on the other side, able 



THE CONVENTION ROLL-CALL. 



29 



and eloquent tributes to their memor}' were paid by lions. 
Moses M. Strong, Orsaimus Cole, Geo. B. Smith, S. 
R. McClellan, J. II. Rountree, A. B. Jackson, C. 
H. Larkin, a. M. Carter, E. A. Foot, D. L. Mills, 
C. E. Browne, Jami'.s T. Lew'is, and others. With the 
information thus obtained, and with wliat tlie compilers 
have been able to obtain since that time, up to the day 
of putting this book to press, they have been able to 
account for nearly the whole number. Changes in post- 
office address, in the creation of counties, towns, cities 
and villages, and removals from the state, have rendered 
the labor of obtaining this information quite difficult. 
Below, the perfected roll is given, as nearly complete and 
perfect as it has been possible to make it. With those 
marked tlius, ""^ there is a slight doubt, as nothing definite 
has been heard from them. 



Barber, Hiram 
Barber, J. Allen 
Bowen, Davis 
Boyd, John W. 
Browne, Charles E. 
Brown, Iliram 
Burt, Daniel R. 
Carter, James B. 
Chase, Horace 
Chase, Warren 
Cooper, John 
Crawford, John 
Cruson, Thomas 
Dennis, Wm. M. 
Dickinson, Nathaniel 
Dunning, Abel 
Edgerton, Elisha W. 



Agry, David 
Atwood, Elihu L. 
Babcock Barnes 



CONVENTION OF 1S46. 
Living ' Members — ^2. 
Gibson, Moses S. 
Giddings, David 
Goodell, Lemuel 
Goodsell, Elihu B. 
Graham, Wadace W 
Granger, Benjamin 
Green, William C 
Hackett, John 



Mills, David L. 
O'Connor, Bostwick 
Phelps, Noah 
Prentiss, Theodore 
Rankin, Aaron 
Reed, George 
Rogan, Patrick 
Rvan, Edward G. 



Hammond, Sanford P. Smith, A. Hyatt 



Hazen, Lorenzo 
Hicks, Franklin Z. 
Hunkins, Benjamin 
Hyer, Nathaniel F. 
James, Thomas 
Kellogg, Chauncey 
Kinney, Asa 
Manahan, John H. 
Elmore, Andrew E. 
Death Roll— y 2. 
Babcock, John M. 
Baird, Henry S. 
Baker, Charles M. 



Smith, Sewell 
Steele, Elijah 
Stockwell, T. S. 
•Strong, Moses M. 
Topping, Josiah 
Turner, Peter H. 
Tweedy, John H. 
White, Joshua L. 



Beall, Samuel W. 
Bell, William 
Bennett, Stephen O. 



THE CONVENTION ROLL-CALL. 



Berry, William 
Bevans, Lorenzo 
Bowker, Joseph 
Brace, P. A. R. 
Burchard, Charles 
Burnett, Thomas P. 
Burnsides, Andrew 
Clark, Wm. H. 
Clothier, S. T. 
Chamberlain, James 
Coumbe, Edward 
Coxe, Hopewell 
Doty, James Duane 
Drake, Jeremiah 
Ellis, Pitts 

Fitzgerald, Garritt M. 
French, Ilaynes 
Fuller, Benjamin 
Gilmore, James 
Goodrich, Henry C* 
Gray, Ncely 



Hall, George B. 
Hall, James H. 
Harkins, Daniel 
Hawes, M. T. 
Hayes, James P.* 
Hesk, Wm. R. 
Huebschmann, F. 
Hill, La Fayette 
Holcombe, William 
Hyer, George 
Inman, Israel, Jr. 
Janssen, Edward H. 
Jenkins, Thomas 
Judd, Stoddard 
Kern, Charles, J. 
Kinnie, Joseph, Jr- 
Lovell, Frederick S. 
Madden, W. J. 
Magone, James 
Meeker, Moses 
Moore, James M. 



Noggle, David 
Patch, Horace D. 
Parkinson, Daniel M. 
Parks, Rutus 
Parsons, C. H.* 
Pierce, Joseph S. 
Randall, Alex. W. 
Seaver, Lyman H. 
Smith, George B. 
Smith, John Y. 
Smith, William R. 
Soper, Evander M. 
Strong, Marshal M. 
Toland, Patrick 
Upham, D. A. J. 
Vineyard, James R. 
Vliet, Garrett 
Wakeley, Salmons 
Whitesides, N. E. 
Willard, Victor M. 
Wilson, Joel F. 



OFFICERS. 

President — D. A. J. Upham, deceased. 

Secretary — La Fayette Kellogg, deceased, 

Sirjrrtnit-at-Ar»ts — John W. Starkweather, living. 

Chaplains — Rev. Stephen McHugh, deceased, and S. E. Miner, living. 

REPORTERS, 

Argus — \\. A. Tenney and J. G. Knapp, living. 
Democrat — Beriah Brown, living. 
Express — Jerom^ R. Brigham, living. 
Mil'Minkce Stntinel — Charles Holt, living. 



C.irter, Almerin M. 
Cole, Albert G. 
Cole, Orsamus 
Crandall, Paul 
Chase, Warren 



CONVENTION OF 1S47-8 
Living Members — j>/. 
Fowler, Albert 
Fox, William H. 
Jones, Milo 
Larrabce, Charles H. 
Lakin, George W. 



Davenport, Stephen A. Larkin, Charles H. 
Doran, John L. Latham., Hollis 

Estabrook, Experience Lewis, James T. 
Feathcr>l;onhaugh, Martin, Morgan L. 

George W. McClellan, S. R. 

Foot, Ezra A. McDowell, William 



Prentiss, Theodore 
Reed, Harrison 
Reymert, James D. 
Richardson, William 
Root, Eleazer 
Rountree, John H. 
Secor, Theodore 
Turner, Harvey G, 
Warden, Allen 
Wheeler, William A, 



THE CONVENTION ROLL-CALL. 



31 



Death Roll — 38. 
Gale, George 
Gilford, Petor D. 
Harrington, James 
Harvey, Louis P. 
Hollcnbcck, S. P. 
Jackson, Andrew B. 
Judd, Stoddard 
Kinnie, Augustus C. 
Kennedy, Wm. H. 
Kilbourn, Byron 
King, Rufus 
Lovell, Frederick S. 



Lyinan, Samuel W. 
Multbrd, Ezra 
Nichols, Charles M. 
O'Connor, John 
Pentony, Patrick 
Ramsay, Alex. D. 
Sanders, Horace T. 
Scagel, George 
Schccffler, Moritz 
Steadman, Silas 
Vanderpool, Abram 
Ward, Joseph 
Whiton, Edward V. 



Bcall, Samuel W. 
Bishop, Charles* 
Biggs, James 
Brownell, Geo. W. 
Case, Squire S. 
Castleman, Alfred L. 
Colley, Joseph 
Cotton, Emulous P. 
Dunn, Charles 
Fagan, James 
Fenton, Daniel G. 
Fitzgerald, Garrett M. 
Folts, Jonas 

OFFICERS. 

President — Morgan L. Martin, living. 
Secretary — 'Yho'i,. McHugh, deceased. 
Sergeant-at-Arms — E. R. Hugunin, unknown. 

Chaplains — Revs. Charles Lord, deceased, and H. W. Read and John 
Penman, living. 

REPORTERS. 

Argus — H. A. Tenney and H. W. Tenney, living; John. Y. Sn^ith 
and David Lambert, deceased. 

Democrat — Beriah Brown, living. 
Express — David Atwood, living. 

The following resolutions were unanimously adopted: 

Resolved, That the secretaries of this convention be requested to prepare 
biographical sketches of all the members, secretaries and reporters of the 
Constitutional Conventions of 1S46 and 1S47, and cause the same to be 
printed; and for that purpose to call upon such persons as they shall 
deem expedient, to furnish such sketches, and that the same, when pre- 
pared, be deposited in the archives of the State Historical Society; and 
that the legislature be requested to provide for the proper publication 
thereof, in book form, as a part of the permanent records of the state. 

By Mr. Garter: 

Resolved, That when this convention adjourn, it be until the first 
Wednesday in February, 1S79, and the absent members living, of both 
conventions, the members of the first legislature elected under the state 
constitution, and the first state ofiicers, be requested to meet with us at 
that time. 

Major H. A. Tenney, being called upon, delivered an 
interesting address as to his recollections of the old con- 
ventions, from a reportorial standpoint, he having served 
as a reporter in both conventions. 



32 l.WV AUTHORIZING THIS PUBLICATION. 

The convention then adjourned to Wednesday, Febru- 
ary 5, 1879, to receive the report of the secretaries, and to 
transact such other business as might be esteemed proper. 

On Wednesday, February 5, 1879, ^ small number of 
the veterans of the two Constitutional Conventions met at 
the Capitol in Madison. 

The secretaries submitted a report of their labors, in 
obedience to a resolution of the meeting of the previous 
year, and presented brief sketches of the lives and career 
of the members of both Constitutional Conventions. After 
an examination of these sketches, they were approved; 
and a memorial was adopted, asking the legislature to 
make provision for procuring and distributing a number 
of volumes containing the same. The secretaries were 
instructed to present the memorial to the legislature, and 
to secure, if possible, the passage of a law, in accordance 
with its provisions. 

Acting under the instruction above indicated, the secre- 
taries presented the subject to the legislature of 1880, and, 
after due consideration, in response to the request, the fol- 
lowing law was passed w^ith great unanimity: 

CHAPTER 275 — LAWS OF iSSo. 

Section I. The secretary of state is he.eby authorized and directed to subscribe, in the 
name of the slate, for the purchase of one thousand copies of a volume containing the 
sketches of the lives of and personal career of each member of the Constitutional Conven- 
tions of 1846 and 1S47-8, with suitable introductory matter, prepared by Horace A. Tennev 
and David Atwood. as directed by a meeting of the surviving members of said conven- 
tions, held at Madison, February s, 1878 ; the volume to be printed upon good book paper, 
from clear type, and to be bound in substantial cloth bjnding; to contain not less than four 
hundred pages of printed matter, the price not to exceed one dollar and twenty-five cents 
per volume. 

Sec. 7. The books provided for in the preceding section shall be printed, bound and 
delivered to the secretary of state, within six months after the official subscription for the 
same is made. The said secretary of state shall cause said volumes to be distributed as 
follows: One copy to each of the state officers, and to each member of the legislature of 
i83o ; one copy to each surviving member of the Constitutional Conventions of 1846 and 
1847-8 and one copy to a legal representative of every deceased member of either of those 
bodiet; the balance to be deposited in the library of the State Historical Society, to be used 
for the purposes of exchange. 

Sec. 3. On the delivery to and the acceptance by the secretary of state, of the books 
provided lor in the fir.t section of this act, the said secretary of state shall audit the account 
for the »ame, and draw his warrant upon the state tre.isurer for its payment ; and there is 
hereby .ippropri.i'cd out of anv money in the state treasui7 not otherwise appropriated, an 
ttmount suflTicient to pay the \varr.int thus draivn. Approved March 15, 1880. 



BIOGP.APHICAL SKETCHES 



CONVENTION OF 1S46. 



BIOGRAPHICAL SKETCHES. 

CONVENTION OF 184G. 



HON. DAVID AGRY. 

Thomas Agry, of Barnestable, Mass., was the earliest 
ancestor of whom we have a record. He was a ship- 
wrii^ht by trade, and built man}- sea-going vessels, at 
Agry's Point near Pittston, Me., at which place he settled 
before 1770. His 3'oungest son John was the father of the 
subject of this sketch, born in Barnestable, April 7, 1763, 
married Eliz/Vbeth Reed, of Boothburg, Me., August 
13, 1793, removed from Pittston to Hollowell, in 1801, 
and died in 1848. David was born in Pittston, August 2, 
1794; enjoyed a collegiate education, graduating at Dart- 
mouth College, Hanover, N. H., in 1815; was a lawyer by 
profession; practiced several years in Bangor, Me. When 
about thirty years of age, removed to Louisiana. After a 
sojourn of some time in New Orleans, he finally opened an 
ollice at Shreveport, where he resided for a number of 
}ears. He subsequently returned to the north, and was 
located for awhile in jSTevv York city. He there made the 
acquaintance of Mr. Jos. Rolette, of Prairie du Chien, 
and a relati\e of Mrs. Bah^d, of Green Bay, by \\hose 
representations he was led to think of that place as a resi- 
dence, and luiallv landed there from a Butialo steamer in 
tlie month of September, 1840. For the first season he 
domiciled with Mr. Martin, but in the following 3-ear 
opened an independent ofHce, in company with J. S. Fisk, 
l>sq. In 1842, he was elected a member of the Territorial 
House of Representatives, and re-elected the succeeding 
}ear. In 1850, he was elected County Judge of Brown 



36 HON. ELIHU L. ATWOOD. 

count}', which position he held until the time of his death, 
January 30, 1877. He was elected a member of the Con- 
stitutional Convention in 1846, from the county of Brown, 
and served in that body as chairman of the committee on 
the powers, duties and restrictions of the legislature, and 
was also a member of the committee on the executive of 
the state. His services throughout the session were in the 
highest degree important, dignified and conscientious, and 
he ranked as a peer among the most distinguished men of 
that body. I lis abilities were of the highest order, finely 
cultivated, profound, and all his acts marked with the force 
of personal conviction and innate honesty. He was a 
lawyer of superior erudition, and an assiduous reader of 
general literature, and, before age and extreme deafness 
had obscured his powers, there was no man in the com- 
munity where he lived, who could yield a richer fund of 
intellectual entertainment for a social circle. It was said 
of a famous Englishman, that " though not a man to be 
loved, he was eminently a man to be trusted." Judge 
i\(jRV was eminently a man to be trusted and loved. 
Though never married, he seemed peculiarly domestic in 
his tastes and feelings, and always entered with hearty zest 
into the joys and cherished a tender sympathy with all the 
sorrows of the family circles where he was an honored and 
pleasing guest. 

IIOX. ELIIIU L. ATWOOD. 

P^LTiiu Lester Atwood was born in Alfred, Berkshire 
county, Massachusetts — the eldest son of John Atwood 
and Nancy Lester, his wife, both of English descent. 
His education was common school, and general occupation 
mercantile. Married to Sarah F. Pennoian, September 
14' 1^35- Settled in what is now the town of Lake Mills, 
JelVerson county, in May, 1837, where he resided up to the 
time of his ck-ath, October 24, 1874, in the 69th year of his 
age. Was elected a member of the tirst Constitutional 



HON. BARNES BABCOCK — HON. JOHN M. BABCOCK. 37 

Convention from the county of JclTcrson, at the age of 51 
years, in ^\•hich bod}' he served as a member of the 
standing committee on amendments to the constitution. 
While his services in this body were in no way distin- 
guished beyond the mass of his associates, the record he 
made in its deliberations is one of practical sense and 
conscientious convictions. In private life he filled all the 
\'arious offices of the town from }'ear to 3-ear, almost by 
general consent — a distinction that few of the early pio- 
neers escaped. Of his whole career, it ma}' be said in 
lirief, that it was both useful and honorable in the highest 
degree. 

HON. BARNES BABCOCK. 

The place of nativity of Barnes Babcock, by some 
oversight, was not made a matter of record, nor his age. 
He was b}' profession a farmer. Was elected to the Con- 
stitutional Convention of 1846 from Muskego, Waukesha 
county, and served on tlie committee on miscellaneous pro- 
visions. Except this, he took no prominent part. He was 
a gentleman possessing sterling qualities, and strong native 
sense, and was highly esteemed by his associates. No 
record of his after career has been accessible. He died 
many years ago. 

HON. JOHN M. BABCOCK. 

John ^NI. Babcock was a native of \'ermont, early set- 
tled in Dane county as a pioneer farmer, and was 47 years 
of age when elected a member of the first Constitutional 
Convention, as one of the representatives from the countv 
of Dane. He served on the committee on the act of con- 
gress for the admission of the state; but otherwise took 
no conspicuous part in the proceedings. He was noted for 
sterling sense, fair abilities, and inflexible integrity of char- 
acter, and enjoyed the respect of all who knew him. He 
died in 1848. 



38 HOX. HENRY S. BAIRD. 

IIOX. riEXRY S. BAIRD. 

Henry S. Baird was born in Dublin, Ireland, May 16, 
1800. His father emigrated to America, and settled with 
his family in Pennsylvania, in 1804, After experiencing 
the inconveniences and privations of the period, Mr. Baird, 
by dint of extraordinary diligence and persistence, acquired 
a good common school education. At the age of eighteen, 
he commenced, the study of law, which he continued for 
several 3-ears, a portion of the time in the office of the late 
Gov. Wood, of Cleveland, Ohio. He was admitted to the 
bar in 1823, and in July, 1824, attended the first term of 
court at Green Bay, and subsequently, the first term held 
in the county of Crawford. The same year he visited 
Mackinaw, where he had previously resided for a season, 
and was there married to Elizabeth L. Fisher — the 
■ family returning to Green Bay in September, where it ever 
after resided. 

The marked abilities of Mr. Baird speedily secured 
him a leading position at the bar, and he became widely 
known, not less for professional skill than unswerving hon- 
esty and integrity. In 1836, he was elected a member of 
the Territorial Council, and was chosen its president. 
This was its first session, held at Belmont, in what was 
then Iowa county. He was subsequentl}', the same year, 
appointed attorney general by Gov. Dodge. In 1846, he 
was elected a member of the Constitutional Convention, 
from the county of Brown. He served in that body as 
chairman of the committee on the organization and oflicers 
of counties and towns, and their powers and duties, and 
was also a member of the committee on the constitution 
and organization of the legislature. His services, indeed, 
throughout, were of a highly important character, and 
marked hini as one of the most conspicuous among the 
very able members composing the body. 

After the organization of the state, he was for a long 



iiox. ciiari.es m. baker. 39 

period kept in numerous public positions of local useful- 
ness, but declined all solicitations to embark in political 
life, preferring the practice of his profession. His career 
throughout was marked by every quality of true manhood, 
uprightness of purpose, and a faithful discharge of every 
duty, public and private. He died full of years and hon- 
ors, April 28, 1875, lamented by all who had known him. 

HON. CHARLES M. BAKER. 

The ancestral record of Mr. Baker dates from an early 
period in American annals. His grandfather, David 
Baker, was born in New Jersey in 1751, and died and 
was buried at Morristown in the same state. James 
Baker, his father, was born, March 18, 1777, in New Jer- 
sey, and died at Geneva, Wisconsin, October 10, 185 1. 
His wife, whose maiden name was Elizabeth Price, was 
born March 20, 1780, and died October 24, 1870. Charles 
M. was born in Warren, N. Y., October 18, 1804. 

Mr. Baker, after enjoying a common school education, 
entered Middlebury College, Vt., in 1822, was a lawyer 
by profession, and settled at Geneva Lake, Walworth 
count}', Wisconsin, in 1838. He was married, September 
6, 1830, to Martha Larrabee, of Shoreham, Vt., and 
after her death, married Eliza Holt, in 1844. 

He w'as elected to the Territorial Council in 1842, and 
re-elected in 1844, serving four years. In 1S46, he was 
elected a member of the Constitutional Convention, from 
the county of Walworth, and served in that body as chair- 
man of the committee on the organization and functions 
of the judiciary. He took a prominent part in all pro- 
ceedings. 

After the organization of the state, he was, in 1S49, ap- 
pointed head of the commission for the revision of the 
statutes, and in 1856 was appointed circuit judge by the 
governor. Later, during the war of the rebellion, he held 
the position of commissioner of the first military district, 
under appointment of the provost marshal. 



40 



HON. HIRAM BARBER. 



Mr. Baker was a profound lawyer, an able advocate, 
and in all senses an ornament to a profession which his 
learnin^j adorned. He was a tireless reader and worker, 
ever ready in legal cases entrusted to him, all points in 
which received the minutest examination and most critical 
analysis. His habits were singularh' quiet, unobtrusive, 
and studious. His reading extended far beyond the re- 
quirements of his profession, covering the whole range of 
historic and scientific inquiry. He was largely gifted in 
mental powers, and, on a different field, would have 
achieved for statesmanship all that he did for law. He was, 
moreover, thoroughly honest and conscientious, an upright 
and worthy citizen, a kind and loved neighbor, and a valued 
friend. In all the relations of life he bore an honorable 
part — above suspicion as above reproach. His death was 
a loss to humanit}' at large. He died at Geneva, February 
5, 1872, aged 68 years. 

HON. HIR.\M barber. 

Hiram Barber was born at Hebron, Washington 
county, New York, January- 25, 1800, and is the son of 
David and Hannah (Baker) Barber. His father was 
a revolutionary soldier. There was no convenient school, 
and Hiram pursued his studies at home, receiving all his 
education in this way, excepting one year at Fort Ann. 
At the age of nineteen, he was qualified to teach school, 
and devoted four winters to this employment. He then 
engaged in mercantile pursuits at Queenstown, where he 
remained for twelve years; devoting himself, meanwhile, 
partially to the lumber trade, to which he gave his entire 
attention for the next eight years. In 1829, he was ap- 
pointed, by Gov. Van Buren, county judge of Warren 
county, a position he held until 1844. In October, 1843, he 
visited Milwaukee, Wisconsin, and traveled over several of 
the western states for the purpose of examining lands, he 
having resolved to follow the real estate business. During 



HON. JOEL ALLEN BARBER. 4I 

this trip he located a farm near Juneau, Dodge county, and 
subsequently settled upon it, where he made it his home for 
eighteen 3'ears. In 1846, he was elected to the Constitu- 
tional Convention, from the county of Dodge, and served 
on the important committee on the organization and func- 
tions of tlie judiciary. He was an influential and useful 
minnber of this body. In 1848, ]\Ir. Barber was a prom- 
inent candidate for the nomination of governor, in the first 
democratic state convention ever held in Wisconsin. He 
was appointed by Gov. Dewey, a member of the first 
Board of Regents of the State University, a position he 
held for six years, and performed valuable services in or- 
ganizing that institution of learning. In 1849, he repre- 
sented liis district in the assembly, and ranked among the 
leading members in that body. In 1863, he removed to 
rioricon, and became engaged quite entensively in the 
manufacture of agricultural implements, which he followed 
for several years. In 1874, he was the republican candidate 
for congress, in his district. He was a democrat, having 
voted for Jackson, until 1856, when he united with the re- 
publican party, and voted for Fremont. Judge Barber 
was, for three years, a member of the board of directors 
of the Milwaukee and La Crosse Railroad Company. 

Mr, Barbf.r was married, April 8, 1824, to Miss Salome 
Seelye, by whom he had three sons and three daughters. 
In all the positions he has held, he has exhibited marked 
ability and fidelity to the trusts reposed in him. His char- 
acter is made up of many social, business and moral 
qualities, that give him place among the leading men of 
the state. 

HON. JOEL ALLEN BARBER. 

Joel Allen Barber, was the son of Joel and Ase- 
NETii (Melvin) Barber, and was born in Georgia, Frank- 
lin county, Vermont, January 17, 1809. His father was 
from England, and his mother was of Welsh descent. 



^2 HON. JOEL ALLEN BARBER. 

Her father was a captain in the revolutionary army, and 
served till the close of the war. J. Allen Barber worked 
on a farm till he was eighteen years of age, when he en- 
tered the Georgia Academy, and fitted for college, and 
entered the University of Vermont in 1829, where he 
remained two and a half years. He then began the study 
of the law with Hon. Geo. P. Marsh, of Burlington. He 
taught school two years in Mar3'land, and was admitted to 
the bar in 1834, in Prince George's count}', in that state. 
He returned to Vermont, and commenced the practice of 
his profession at Fairfield, where he remained till 183", and 
in September of that 3'ear, he located at Lancaster, Wiscon- 
sin, which village has ever since been his place of residence, 
and where he has constantly practiced his profession for 
nearly fortv-two years, at times mingling land operations 
with his practice. He is deemed a sound and able lawyer, 
holding a high place as a criminal lawyer, and is an honor 
to the profession. 

A large portion of the time, since he has been a resident 
of Wisconsin, Mr. Barber has held some official position. 
He has been many years a member of the county board of 
supervisors, and was five 3'ears its chairman; was four 
years count}- clerk, and district attorney three terms. In 
1846, he was a representati^-e from Grant county, in the 
Constitutional Convention, and served on the committee on 
the organization and functions of the judiciary. He was 
an able, industrious member, and performed valuable ser- 
vices in the convention. He was a member of the assem- 
bly, in the years 1852, 1853, 1863, and 1864. In the 
assembly of 1863, he was speaker of that body. He was 
a member of the state senate, in the years 1856 and 1857. 
He was ever an able, watchful and faithful member of the 
legislature. He was two terms a member of congress, 
commencing on the 4th of March, 1S71. In the house, 
he served on the committees on war claims and on the 
revision of the statutes. He was an industrious and influ- 



HON. SAMUEL WOTTON BE ALL. 43 

ential nicniber of congress; not a frequent speaker, but 
pointed and clear when he did address the house. 

iVIr. Barb]<:r was a wliig, until the organization of the 
republican party, when he united with it, and has been a 
member of that party ever since. 

In 1842, he was married to Miss Helen Van \"leck, 
of Jamestown, in Grant county. Mrs. Barber died in 
about one year after marriage; and in 1847, he was again 
married to Miss Elizabi:tii Banfill, of Lancaster. They 
have four children living, two sons and two daughters. 

HON. sa:muel wotton beall. 

Saimuel Wotton Beall was born in Montgomer}-, 
Prince George county, Maryland, in 1807. The family 
was connected bv marriage with many of the jirincipal 
families of Virginia. He was educated at Union College; 
studied law at Litchfield. In 1827, he was married to 
Miss Elizabeth Fennimore Cooper, of Cooperslown, 
New York ; and in the same year was appointed receiver 
for the sale of public lands in the northwest, the district 
covering both Michigan and Wisconsin, and the office was 
located at Green Bay. When he left the office, he went 
east, and, after a few years' absence, returned to Green 
Bay, in 1840. He then located first, at Tvchora, Mar- 
quette county, and soon afterwards removed to Tavchee- 
dah, in Fond du Lac county. He was for some time hidian 
agent among the Stockbridges and others. 

Mr. Beall was elected to the Constitutional Convention 
in 1846, from the county of Marquette. He served in that 
body as chairman of the committee on the schedule for 
the organization of state government, and was in man^- 
respects quite prominent in the part he took in the general 
proceedings. On the failure of the constitution to recei\e 
a majority vote on its submission to the people, he was 
elected a member of the convention of 1847-8, from Tay- 
cheedah, Fond du Lac county. In this body, he was a 



44 



HON. WILLIAM BELL. 



member of the committee on general provisions, embracing 
a great number of the most important articles embodied in 
the new constitution, and took a considerable part in the 
debates. In 1850, he was elected lieutenant governor of 
the state, serving for two years. In 1859, ^^'^^^^ others, he 
located in the city of Denver, Colorado territory, and 
resided there for some time. He returned to Wisconsin 
in 1 861, and in 1862, he was appointed heutenant colonel 
of the 1 8th Wisconsin regiment, and participated in all 
its dangers, privations and battles, from Shiloh to the 
siege of Vicksburg, soon after which he was trans- 
ferred to the Invalid Corps. He was severely wounded 
at the battle ofShiloh. Shortly after the close of the war, 
he located at Helena, Montana territory, where he was 
soon after shot and killed in an altercation with George 

M. PiNNEY. 

Mr. Beall was noted for a warm and generous heart, 
impulsive feelings, and intense and vigorous activity in 
whatever he undertook. He possessed large, and, in some 
respects, unusual abilities, was a fluent speaker, dignified 
in public position, and courteous and aflable to all. He 
had great ambition to achieve honorable distinction, and 
iillcd the several positions to which he was called, worthily 
and creditably. His premature death was widely lamented 
by those who best knew him. 

HON. WILLIAM BELL. 

William Bell was a native of the state of Nev.' York, 
born in 1806, and by occupation a farmer. He was elected 
from Walworth, Walworth county, to the Constitutional 
Convention of 1846, and served in that body on the com- 
mittee on the powers, duties and restrictions of the legisla- 
ture. He was a gentleman of fine culture, sound practical 
sense, and well discharged the part allotted to him. No 
record of his after career has been within reach. It is 
understood that he died several years ago. 



HONS. STEPHEN O. BENNETT — WILLIA^I BERRY. 



HON. STEPHEN O. BENNETT. 



45 



Stephen O. Bennett was a native of the state of New 
York, born in 1807. Eiiii^ralini;- to the west, lie located 
in Mt. Pleasant, Racine county, but at what date is not 
ascertained. He was by profession a farmer, and was 
elected in 1846 to the lirst Constitutiona.l Convention from 
the county of Racine, in which body he served on the 
committee on amendments to the constitution. Mr. Ben- 
nett was for a long period after state organization, a 
prominent and respected citizen of his county. He was a 
member of the state assembly in 1850, and of the senate 
in 185 1-2, and held many other positions of responsibility 
and trust. He died several years ago, at what date is 
unknown. 

HON. WH.LIAM BERRY. 

WH.Li.ur BicRRY was elected to the Constitutional Con- 
vention from Walworth county. He was born in Salem, 
Massachusetts, December 20, 1780, but no record of his 
ancestry is obtainable, except that it was Puritan. He was 
educated in a common school, and was, by profession, a 
farmer and manufacturer. He settled at Honey Creek, 
Walworth county, in 1843, engaging in agriculture, having 
previously resided in Madison and Courtland counties, N. 
Y. He was married April 3, 1798, to Nancy Mellf.n, 
of Pelham, Mass. Having been detained from some 
cause, he did not take his seat in the convention until ten 
days after its session began, for which reason his name is 
not recorded upon any of the standing committees; but 
his votes upon all propositions and articles submitted, 
evince intelligent inquiry, and a thoroughl}' honest purpose 
to follow his convictions of duty and right. He was in 
every sense a good man and public spirited citizen, of 
sound practical knowledge and excellent sense. Of his 
family, only a daughter remains. The date of his decease 
is not stated. He was the oldest man in the Convention. 



46 LORENZO BEVEXS ; DA\'IS BOWEN ; JOSEPH BOWKER. 

While in Courtland county, N. Y., Mr. Berry for a 
season lield tlie position of common pleas judge, and for 
several years that of justice of the peace in Wisconsin. 

HON. LORENZO BEVANS. 

Lorenzo Bevans was a native of the state of New 
York, born in 1805, settled in Grant county at an early 
age, and by profession was a lawyer. He was elected a 
member of the first Constitutional Convention in 1846, 
from the county of Grant, and served in that body as 
chairman of the committee on municipal corporations. He 
was a gentleman of pleasing address, highly cultivated, 
possessed of decided abilities, and ever commanded the 
respect of his associates and friends. He died in 1849. 

HON. DAVIS BOWEN. 

Davis Bowen was a native of- Pennsylvania, born in 
1794, ^^^ ^y profession a farmer. He was elected to the 
first Constitutional Convention from Decatur, Green county, 
and served in that body on the committee on miscellaneous 
provisions. He was a gentlemian of fine abilities, well 
cultured, and highly respected. Of his subsequent career, 
the committee have no record. He is reported as still 
living, at the ripe old age of eighty-six years. 

HON. JOSEPH BOWKER. 

Joseph Bowker v.\as born in Locke, Cayuga county, N. 
v., October 9, 1797. His father was Silas Bowki:r, but 
the ancestral record has probably been lost. He was mar- 
ried October 9, 1S17, to Eliza Minard, and removed to 
\\'isc()nsin in the spring of 1844, settling lirst at Geneva 
Lake, then removed to Delavan, Walworth count}-, where 
he served several years as a justice of the peace. Pro- 
fession and general occupation, farmer and merchant. He 
had tilled the position of judge before coming west. He 
died at Delavan, March 26, 1856. 



nox. JOHN w. bo yd. ^y 

He was elected a member of the Constitutional Con- 
vention of 1846, from the county of Walworth, serviuir in 
that body on the committee on preamble, and was active 
and zealous in his eflbrts to secure an organic law accept- 
able to the people and worthy of the great state whose 
coming was so plainly foreshadowed. We have no record 
of his after career, but presume that, like most of his asso- 
ciates, he preferred home and private position, in wiiich he 
remained from choice. 

HON. JOHN W. BOYD. 

John W. Boyd was born in Charlton, Saratoga county, 
New York, September 15, 1811. lie was the son of John 
L. Boyd, of Solon, Cortland count}', in that state. He 
received a common school and academic education, and 
spent his early life in Cortland county, till 1844, tlevoted to 
farming, excepting four years, in which he was engaged in 
mercantile business, at Cincinnatus, in that count}-. He 
settled in Wisconsin, at Geneva, Walworth county, in 1844, 
where he has ever since resided; and has devoted himself to 
agricultural pursuits. In 1846, he was elected as a re]ire- 
sentative from the county of Walworth, to the first Consti- 
tutional Convention, and served on the committee on the 
executive of the state. He ranked among the substantial 
members of that body, exercising at all times, a remarkable 
degree of common sense, a practical knowledge of alTairs, 
and giving constant attention to duties, rendered him a man 
of large influence in shaping the organic law of the state. 
He was not what might be termed a speech-maker, but he 
expressed himself on many questions in a very clear man- 
ner, showing that he fully understood the subjects under 
consideration. Few men were more popular with his fel- 
lows, than was Gen. Boyd. 

jMr. Boyd was commissioned as a major general of the 
militia of the territory, by Gov. Dodge. After the state 
government was formed, Gen. Boyd was elected to the 



48 HON. JOIIX W. COYD. 

first state senate, and served during the sessions of 1848 
and 1849. He was again elected in 1858, as a state senator 
for the term of two 3'ears. He rendered valuable service 
in this bod}', and was esteemed as an able, conscientious 
and influential member of the highest branch of the legis- 
lative department. Being a man of retiring habits, he has 
shrunk from prominent official positions, though his name 
has been frequently mentioned in connection with the chief 
magistracy of the state; not, however, through any move- 
ment or desire of his own, but through the partiality of 
friends who knew his great worth. In his own town, he 
has ever occupied a prominent position, honored and re- 
spected by all who knew him. 

For some fifteen years, between i860 and 1876, Gen. 
Bov]) was a member of the board of directors of the 
Madison Mutual Insurance Company, and was most of that 
time president of the compan}'. He was a very able and 
faithful oflicer, discharging every dut3Mvith marked fidelit}'. 

Gen. Boyd has been twice married, November 10, 1842, 
to Weat.tiiy H. IIATIIA^yAY, of Solon, New York; and 
again September 9, 1858, to Persis A. Buell, of Linn, 
Wisconsin. 

It is fortunate for an}'- new country to have men like 
Gen. Boyd settle in it. Wisconsin has been largely bene- 
fited from his counsel and labors in its behalf. His record 
is a worthy one; every act of his life has been based upon 
principles of right; his character has been exceptionally 
pure and honest; to deal out equal and exact justice to all 
mankind has been his rule of action, and most nobly has he 
lived up to that rule. At the age of sixty-nine. Gen. Boyd 
is full of vigor; and has every prospect of being spared yet 
many years to bless his people. His life has been an honor 
to his race, and is worthy of imitation by all. Without 
enemies, he is enjoying the sweets of old age, that a w^ell 
spent life is sure to bring — honored and respected by all 
\\\u) kn(j\v him. 



HONS. P, A. R. BRACi:; HIRAM BROWN ; C. E. BROWNE. 49 
HON. P. A. R. 15 RACE. 

]\Ir. Brace was a native of tlie state of New York. At 
the time he was elected a member of the first Constitutional 
Convention, he had resided for several years at Prairie du 
Chien, following his profession as a lawyer, and had se- 
cured the general esteem and coiilidence of his fellow citi- 
zens. He was only twenty-five years of age at the time 
of his election. Delayed in reaching the capitol for several 
days after the commencement of the session, his name does 
not appear upon any of the standing committees. The 
part he took in the proceedings, wliile not conspicucnis, was 
evidently guided by cultivation and intelligence. He died 
a few years later, and, as far as known, attained no further 
official position. His personal record has not been within 
reach of the committee. 

HON. HIRAM BROWN. 

Hira:.i Brown was born in Connecticut in 1803, and by 
jirofession is a farmer. He was elected from Exeter, 
Green countv, to the first Constitutional Con\-ention, in 
1846, and served in that body on the committee on rcN'ision 
and adjustment of the articles of the constitution adopted 
by the convention He was noted among his associates 
for sterling qualities of manhood, careful attention, and an 
intelligent appreciation of the work in hand. But little 
has been ascertained of his career subsequent to the con- 
vention. He is reported as still living. 

HON. CHARLES E. BROWNE. 

His father was Jonathan Browne, who served as a 
captain in the war of 181 2, and was distinguished for 
braverv, intelligence and personal worth. His mother, 
Abbv Ijrowne, was a woman of fine mind and exemplary 
Christian character. Chartj:s E. Browni-: was born in 
Granville, Washington count}', N. Y., Jainiary 16, 1S16. 
Received a <rood common school education, and has fjen- 
erally followed the pursuit of an insurance and real estate 
4 



-O HON. CIIARLICS E. BROWNE. 

a^^ciit. He settled in Granville, Milwaukee county, in 
February, 1836. June 6, 1850, he was married to Martha 
E. E\'ERTs, of the city of New York. 

Mr. Browne held many local offices in early times. In 
i8.|0, he was school commissioner and supervisor of the 
tov.n of Granville. In 1842-3, he was elected sergeant-at- 
arms of the Territorial Council. Was a member of the 
board of county supervisors of Milwaukee county in 1843. 
In 1844, Avas elected a member of the Territorial House of 
Representatives. In 1846, he was elected a member of the 
Constitutional Convention, in which he took a useful part. 
In 1849, he was appointed an appraiser of school lands. 
In 1866, having removed from the state, he was elected a 
trustee of the village of Evanston, Cook county, Illinois. 

Mr. Browne experienced many of the hardships and 
privations of pioneer life. In 1836, he made a trip on foot 
to Chicago to procure certain necessaries not obtainable in 
Milwaukee, and on his return was lost in the woods for 
two days and a night in mid-winter, in a temperature far 
below the freezing point. To frighten away the wolves, 
and keep from frost-bites, he occupied a large part of the 
time in chopping down trees as a means of warmth. Sub- 
sequently in his travels, he had many encounters with the 
Indians, both hostile and friendly, and mentions one occa- 
sion on meeting with one of the latter class, where he was 
regaled in a princely manner at dinner, on what he after- 
wards discovered was doo- nicat! 

Man}' experiences might be given of Mr. Browne after 
he k'ft Wisconsin, but they are not included in the plan of 
these sketches. His career has been one of great useful- 
ness and activit}^ — and he has endured both the smiles and 
frowns of fortune, without in the least disturbing his equa- 
nimity. He is now residing at Grand Rapids, Michigan, 
and at the age of sixty-four years, hale, hearty and in pos- 
session of excellent health, surrounded by a happy family, 
and in the enjoyment of all needed comforts of fortune. 



"HON. CHARLES BURCIIARD. 



HON. CHARLES BURCHARD. 



Charles Burchard is a descendant of the re\olation- 
aiy stock of 1776. ITis father, Jabez Burchard, was a 
soldier serving under Benedict Arnold at West Point at 
the time he attempted to betray that important post to the 
enemy, and was one of the guard at the time of the execu- 
tion of Andre. He was born in Granb}-, Hampshire 
county, Massachusetts, January i, 1810, enjoyed an aca- 
demic education, and in early life was by occupation a 
farmer. February 25, 1829, he married Martha Pitch i-:r, 
and for some 3'ears resided in Oneida, Lewis and Madison 
counties, N. Y. Settled in Prairie ville (now Waukeslia) 
October 22, 1845, and subsequently removed to Beaver 
Dam, Dodge county. Was elected a member of the first 
Constitutional Convention from Waukesha county, and 
served on the committee on sulTrage and elective franchise, 
and took an active part in all the proceedings of that body. 
Had filled the position of chairman of the board of super- 
visors of Waukesha count}' before his election to the con- 
vention. Was elected a member of assembly in 1856, and 
seven times to the county board of Dodge county. Was 
commissioner of the board of enrollment for the fourth 
district of Wisconsin, with rank of major, U. S. A. 

While residing at Hamilton, New York, Mr. Burchard 
occupied a prominent position in the political world. From 
1840 to 1844, he was a member of what was then known 
as the "Liberty" or anti-slavery party. He was a great 
admirer of Henry Clay, and on the nomination of that 
distinguished statesman for the presidency, in 1844, after 
mature deliberation, ]Mr. I]urchari> came to the conclusion 
that it was his duty to support Mr. Clay, and to do all in 
his power to advance his interests. He therefore wrote 
and published a letter over his own name, giving reasons 
wiiv libertv party men should cast their votes for Heni^y 
Clay. This letter was one evincing much ability, and 



-2 HON. THOMAS p. BURNETT. 

attracted great attention in the cotmtr3^ Was copied 
into nearly every whig paper in the free states, and in 
many in southern states. It produced marked effect, and 
gave its author a wide reputation as a man of strong mind, 
and as a reasoner of much power. No man regretted the 
defeat of the great Commoner more sincerely than did 
Charles Burchard. 

Mr. Burchard had wide and varied experiences in pio- 
neer life, and could ha\'e furnished many graphic descrip- 
tions of early days, as his career in the west has covered the 
entire growth of the state. Personally, he possessed many 
strong characteristics, and like his compeers, ever exercised 
a strong social and political influence, always, happily, for 
the public good. His career, indeed, was ever one both 
honorable and useful. His example is worthy of all 
praise. He died at ]5eaver Dam, April i, 1879. 

HON. THOIMAS p. BURNETT. 

Thomas P. Burnett was born in Pittsylvania count}^ 
Va., September 3, 1800, and after receiving a liberal edu- 
cation, embraced the profession of law. He located in 
Prairie du Chien, in 1830, and soon secured a large and 
profitable practice, and became widely known throughout 
t'ne territory. December 29, 1836, he was married to 
Lucia Maria Brunson, daughter of Dr. Alfred Brun- 
soN, of Prairie du Chien. 

hi 1846, he was elected a member of the Constitutional 
Convention, from Grant county. The body commer.ced 
its session on the 5th of October, but he did not take his 
seat uiuil the 14th. He was assigned a position as a mem- 
ber of the committee on municipal corporations, serving 
for about three weeks, when he returned to his home. On 
the loth of November, the Hon. J. Allen Barber, an 
associate colleague, announced to the convention that Mr. 
BiKM-.TT liad died at liis residence, November 5, and also 
his wife on tiie same da}'; and that Mrs. Judith Bur- 



HON'. AXl)Ri:\V IJL'UXSIDE. 53 

NETT, his mother, also died November i, 1846 — all swept 
otr by some form of malignant fever. The coinention 
immediatel}' thereupon adopted resolutions of condolence, 
respect and sympathy; to go into mourning by wearing 
crape on the left arm of each member for thirty days; and 
adjourned over for one day out of respect to the memor}^ 
of their deceased brother. 

]Mr. Burnett had acquired great jiromineiice during 
his comparatively brief career, and had he not been so 
suddenly stricken down, would have justly ranked among 
the iiviiiit leading lights of the convention. He was a 
worthy and valued citizen, eminently gifted, intelligent and 
useful. His death created a profound and painful sensa- 
tion over the entire northwest, where he had been so well 
and favorably known. 

IIOX. ANDREW nURXSIDE. 

The father of Mr. Burxsidf. was of Scotch descent — 
the mother of English. Soon after their marriage they 
emiorated to the West Indies, and were for a number of 
years engaged on an indigo plantation. They removed 
hence to Laurens district. South Carolina, where Axdrew 
was born in 1786. After receiving a common school edu- 
cation, he studied surveying and engineering, a profession 
he followed for a long period, but always in connection 
with large farming interests. Among other Helds of labor, 
he made large surveys of government lands about Michi- 
gan Citv, Chicago, Green Bay and in Minnesota. He 
married Jaxi-: Crossen, whose parents were of Irish de- 
scent — date not recorded. After residing in Indiana and 
Illinois for man}^ years, he settled at Gratiot's Grove, in 
what is now La Fayette county, in 1845, purchasing the farm 
of Samuel Scales, north of White Oak Springs. Previ- 
ous to locating in Wisconsin, he had held the position of 
magistrate in Knox county, Indiana, county commissioner 
and assessor in Laporte county, same state, and se\eral 



tj^ HON. ANDREW BURNSIDE. 

limes surveyor of the same, and, it is probable, a member 
of the Indiana constitutional convention. 

Mr. Ik-RXSiDE was elected a member of the Constitu- 
tional Convention of Wisconsin in 1846, and served in that 
bodv on the committee on finance, taxation and public debt. 
While not specially prominent or conspicuous, he was noted 
for his clear understanding, strong sterling sense, and firm 
integrity of purpose, whicn endeared him to all his asso- 
ciates. 

The pioneer experiences of Mr. Burnside were long 
and varied. Shortly after his marriage, in company with 
his brother, Edgehill Burnside, and wife (parents of Gen. 
Ambrose E. Burnside), he removed to Indiana soon after 
its territorial organization, traveling the whole distance and 
crossing the Cumberland mountains in the old-time large 
southern wagons, the greater part of the distance being 
then through a wild and almost uninhabited country. He 
settled on White river in the south end of the state before 
even counties were formed, and here with his own hands 
erected a log cabin for his famil3\ As tliere were no saw 
mills in all that section, the floor and furniture were made 
from poplar "puncheons" hewn by himself, while oak 
shieves split out of logs formed the roof. After some 
\-ears passed in an eftbrt to clear away the forest, he got 
sulliciently discouraged to sell out and moved to Knox 
county, where he built a hotel and saw n>ilL A few years 
later, he removed to the wilderness in the northern part of 
the state, locating on Pine lake, in Laporte county. Here 
lie began the survey of public lands for the government. 
He entered the land and laid out the site of Michigan City, 
which, for some years, it was supposed would become a 
western metropolis; but the shifting sands at the mouth of 
the ruer destroyed that illusion. After surveying a por- 
tion of the country on the Calumet and Kankakee rivers, 
he remoN-ed, in 1842, to Freeport, Illinois, but continued 
surveys :n the Green Bay country, doing the whole of the 



nOX. DANIEL R. BURT. 55 

\\-ork on the Peshligo river. Subsequently he made ex- 
tensive surveys in northern Minnesota. When he lirst 
commenced this class 'of labors, the frontier land oflice was 
located in Cincinnati, Ohio — Micajah F. Williams reg- 
ister and receiver. When he closec?, the frontier had prac- 
tically receded beyond the Mississippi, if not Missouri. 
Of course a life thus passed amidst the wilds and fast- 
nesses of the west, witnessed many stirring events and 
dang-ers by " flood and held," but our space is too limited 
to dwell upon details. After a long career of usefulness 
and honor, he died at the age of about eighty years. He 
had always enjoyed remarkably good health until within a 
few weeks of his decease. 

HON. DANIEL R. ByRT. 

The ancestors of Daniel R. Burt were from Eng- 
land. His father, Oliver Burt, was born in Springfield, 
Massachusetts, in 1776. His mother. Wealthy Ray- 
mond, was born in Stockbridge, in the same state. She 
was a descendant from an old aristocratic family, still ex- 
isting in England, by that name. The young Lord Ray- 
mond, as he was called, contrary to the wishes of the Earl, 
his father, made the acquaintance of a young Danish lady 
belonging to the aristocracy of that country, and married 
her. The act so offended the father, that he disinherited 
the son, settling a pension on him for life, on condition that 
he would go to America. The mother of our subject was 
a grand-daughter of the disinherited lord. 

Daniel R. I3urt was born in Florida, Montgomery 
county, New York, February 29, 1804. His education 
consisted of twelve months' attendance at a common 
school, OH the frontier in western New York; the balance 
was obtained in the work-shop and in the held. Since 
1820, up to the first of the present year (1880), his occu- 
pation has been farming, milling and manufacturing. At 
the latter date, he retired from active business. He was 



56 HON. DANIEL R. BURT. 

married, September i, 1831, to Lydia Ashley, of Clare- 
mont, New Hampshire. After the death of his first wife, 
he was again married, January 16, 1867, to Mrs. M. T. 
Ennor, a native of Vermont. Mr. Burt resided in Liv- 
ingston county, New York, till May i, 1827, when he re- 
moved to Ontario, Canada West; remained there till 
October 10, 1830; then located at Tecumseh, Michigan, 
where he remained till 1835, in which j^ear, he located 
2,000 acres of land in Grant county (then Iowa), Wiscon- 
sin, the present location of Lancaster, and settled his fam- 
ilv, July I, 1835, at Waterloo, in that county, and built 
mills at that place the same year, it being eight miles from 
any settlement at the time. He opened roads at once to 
Cassville, eleven miles; to Potosi, eight miles; to Beetown, 
eight miles, and to Hurricane Corners, six miles; and was 
at a large expense for the construction of bridg-js, etc. 
Mr. Burt resided in Grant county for twenty-three 3'ears 
after his first settlement there, and was engaged in farming, 
milling and manufacturing. He has paid taxes in Wiscon- 
sin every 3'ear since the organization of the territory, and 
at one time owned 5,000 acres of land in the state. He 
has built, in this state, two saw mills, two flouring mills, 
and two woolen mills; and in Iowa, in the wilderness, 
under cont.act with the government, he built a flouring 
and a saw mill. In 1856, he commenced manufacturing 
agricultural implements, at East Dubuque (Dunlieth). 
After aiding to build up a successful business, he trans- 
ferred the establishment to his son. 

In 1840, Mr. Burt was elected, as a representative from 
the county of Grant, to the territorial house of representa- 
tives, for two years; and was again elected to the same 
position in 1847, and served in that capacity tifl the close 
of the territorial government. He was many years a 
member of the Grant county board. In 1846, he was 
elected a representative from that county in the Constitu- 
tional Convention. He did not take a prominent part in 



IIOX. DANIEL R. BURT. 57 

that body as a speaker, but among his associates was 
noted for strono-, practical coinmoii sense, and sterling 
c|ualities of head and heart. 

From the foregoing record, it will be seen that Daxiel 
R. Burt was a real pioneer; endured many of the hard- 
ships of early life in the west, and has been active in de- 
veloping the vast resources of the country. His life has 
been a busy and a useful one; and now, in a ripe old age, 
he is enjoying the rich fruits of a long life devoted to prac- 
tical works. He relates to the writer, a few incidents of 
earlv pioneer life, that he says were of interest to him at 
the time, and as they may be of interest to the present 
generation, as showing the toils they know nothing about, 
the insertion of one or two will be proper. Soon after his 
settlement in Grant county, his supplies of food became 
short, and failing to receive any from St. Louis, as he had 
expected, none could be pui-chased nearer than at Paris, 
on the Platte. To reach that place, with a team, he was 
obliged to take a circuitous route, by way of McCartney's, 
eight miles; then to Beetown, eight miles; to Lancaster, 
ten miles; to Potosi, fourteen miles; to Paris, four miles. 
His place was only eight miles from Potosi, but there was 
no road. He stopped over night at a cabin where Potosi 
now is, and in the morning started for home through the 
timber, on a route that had never been traveled before, by 
man or beast. He had a man with him that drove the 
team, he himself selecting the route and cutting away the 
trees. He reached Boice Creek, about half way, by ten 
o'clock, and with but little ditllculty. At that jioint tliere 
was a formidable obstruction. The JMississipjii was high, 
and the water covered the bottoms of the creek a quarter 
of a mile, to the depth of eighteen inches; and in the 
channel of the creek, some forty to fort}--tive feet wide, the 
water was ten feet deep. Tiic wagon was a new one, and 
the box was reasonably tight. After corking up some of 
the open places with leaves, the wagon was placed on the 



gS MON. DANIEL R. BURT. 

verge of the perpendicular bank, with ten hundred pounds 
of provisions on board, to be forced by the man into the 
channel, when all was in readiness. Mr. Burt then swam 
the horses over the creek, and placed them on a selected 
spot; whillletrees and chains put in readiness, to which the 
horses were attached. He then cut a grape vine, and 
hitched one end of it to the pole ; then taking the other 
end in his teeth, he swam the length of the vine, and 
ordered his man to force the wagon into the creek, which 
was promptl}- done, and the wagon and its freight floating 
grandly, Mr. Burt swimming and towing the whole by 
the grape vine, till it reached the standing ground, when 
the horses were hitched- on, and all was brought safely 
over the bottom. Tiie blulT was then ascended without 
difficulty, and he arrived opposite his home about one 
o'clock. Here another obstruction was found. For some 
distance cither wa}', the bluff was steep and rocky. A 
point where timber had been rolled down was selected, the 
inclination being about thirty degrees from perpendicular. 
All the wheels were chained, and a tree of fifteen inches 
in diameter, with a large, expansive top, was felled, and 
chained to the hind axle tree. Thus fixed, the descent was 
made in line shape, and the cargo was safely landed at his 
home. 

Mr. Burt has traveled over forests and prairies, at all 
seasons and at all hours; was twice lost in snow storms, 
and on both occasions remained out till sunrise. On both 
of these nights, men were frozen on the same prairie. He 
claims tliat he did not suller, but walked just fast enough 
to keep warm, and never sat down. In December, 1840, 
he walked from Ft. Atkinson to Prairie du Chien, a dis- 
tance of fifty miles, through the snow, eleven inches deep, 
over the prairie, and without the least sign of a track; and 
the same day, after riding from the Prairie to Patch's, 
walked over Blake's Prairie, a distance of ten miles more, 
after eight o'ckxk, on a bitter cold night, over a houseless 



HON. JAMES B. CXTER. 59 

and trackless prairie ; and the same night rode home on 
horseback, after t\veh-e o'clock, a distance of eight miles 
more. On the 27th of December, 1835, he walked from 
Plumb's residence, above where Savanna now stands, to 
Rock Island — seventy-two miles — and forded many 
streams where the water reached his vest pockets; and 
when out of the water three minutes, his clothes would be 
frozen as stilT as a board. There was not a house on the 
whole distance; nor a track or mark of ci\-ilized man to be 
seen. Returning, he traveled to the mouth of Rock river, 
thence up that river into Wisconsin, to the point near 
where Janesville now stands; thence through Rock, Dane, 
Green and Iowa counties, and finally located in Grant 
county. Such were the trials of many of the early pio- 
neers. It is diflicult for the young of the present day to 
realize the realities of life in a new country. 

HON. JAMES 15. CARTER. 

James Bruce Carter was born in Rochester, N. Y., 
January 13, 1815. Ilis father, David K. Carter, and 
mother, Ei>izai5i:th Cart]-:r, were both from Massa- 
chusetts. He had a common school education, and his gen- 
eral occupation has been that of a farmer. He was married 
July 7, 1 85 5, to Isadore F. Swift. He settled in Racine 
county, in February, 1845, and many years since removed 
to Black River Falls, Jackson county, where he now re- 
sides, ha\ing during all this time persistenth' avoided 
holding any office, public life seeming to ha^-e no attrac- 
tions for him. 

As Mr. Carthr did not take his seat in the first Consti- 
tutional Con\-ention until two weeks after it had organized, 
no conspicuous part in its work was assigned to him. His 
career as a pioneer citizen, however, has been one emi- 
nently worthy and useful to the communities in which he 
has resided, and his neighbors and old friends unitedlv bear 
testimony to his sterling worth, integrity, and valuable 
services as a frontier citizen. 



6o HON. JAMES CHAMBERLAIN — HON. HORACE CHASE. 
HON JAMES CHAMBERLAIN.. 

Ja:^ies Chamberlain was born in Foreham, England, 
in 1792, and came to this country in 1817, settling first in 
New York city, where he remained four years; he then 
went to Hartford, Connecticut. He was a master builder, 
and a very skillful workman. In 1837, he came to Wis- 
consin and settled, in what is now the town of Bradford. 
He experienced the usual privations attending the settle- 
ment of a new' country, but he took a cheerful \'iew of 
things, that rendered life happy. His skill as a mechanic 
soon became known, and work was abundant. He built 
tlie old court house in Rock count}^, and constructed the 
first bridges over Rock river, at Janesville, Beloit and 
Roscoe. 

hi 1846, Mr. Chamberlain was elected a representative 
fi-om the county of Rock to the Constitutional Conven- 
tion, serving in that body on the committee on the act of 
congress for the admission of the state. His practical 
sense rendered him a very useful member of the conven- 
tion, and he was held in high esteem by his associates. 

IMr. Chamberlain was an excellent citizen, a kind 
husband and father, and a neighbor ever readv to do a 
kindness where it was deserved. He died at La Prairie, 
September 10, 1874, ^g*^^ eighty-two 3'ears and six months. 

HON. HORACE CHASE. 

Horace Chase was born in Derby, Orleans county, Vt., 
December 25, 1810.. After receiving a common school 
education, he made merchandising his general profession. 
In 1835, ^^*^ located in Milwaukee, opening a store in a 
small shanty erected for the occasion. In 1836, in com- 
pany with a brother, a large and commodious structure 
was l)uih, and for several years the lirm carried on all the 
forwarding and commission business of the place. Octo- 
biM-, 1837, he married Sai^vh Ann Gray, who died in 



HON'. WARRKN CHASE. 6l 

August, 1852. In 1S58, he was again married to jNIarv 
H. Davis, of Mount Ilolh-, Vt. 

He was elected a member of the Constitutional Corfven- 
tion in 1846, from Milwaukee county, but as he did not 
take his seat until that body had been some days in ses- 
sion, his name does not appear in any of the standing com- 
mittees. While the part he bore in the proceedings was 
not conspicuous, it was nevertheless marked by an honest 
purpose and sterling sense. In 1848, he was elected a 
member of the first state legislature, since which time his 
public services have been devoted to the growth and well- 
being of the city of whose birth he was a witness, in the 
capacity of mayor, alderman, and other minor positions. 
His career as a pioneer settler has been a long and use- 
ful one. Throughout he has enjoyed the respect and 
esteem of all parties, and filled every station with honor 
ami credit. 

Mr. Chase has accumulated a large fortune, which he 
enjoys in a rational manner. It is a source of much pleas- 
ure to him, that he can look back to the time when Mil- 
waukee had but three inhabitants, including himself, and 
that he has materially aided in building a great city with 
its one hundred and twenty thousand people. The only 
route of communication by land, between Chicago and 
Milwaukee, within the recollection of Mr. Chase, was an 
Indian trail. Thes'i reflections atlbrd an enjoyment that 
but few men, in any countr\', can fully realize. 

HON. WARREN CHASE. 

Warren Chase was born in Pittsfield, New Hamp- 
shire, January 5, 181 3. He received an academic educa- 
tion, at Pittstield and Gilmanton. In 1S35, he settled 
at Monroe, Michigan, in which place he was married to 
Miss Marv T. White, of Newport, New Hampshire. 
Mrs. Chase died in November, 1875. ^^ 1838, he came 
to Wisconsin, and in the spring of that year, settled in 



62 HON. WARREN CHASE. 

Southport (now Kenosha), where he resided till 1844, i" 
which year he located a colony at Ceresco, now Ripon, 
being the first settlers in the place. He was a leadincr 
man in the Phalanx, which for a time was prosperous, but 
became unpopular and was broken up. 

In 1S46, Mr. Chase was elected a member of the first 
Constitutional Convention, and served in that body on the 
committee on miscellaneous provisions not embraced in the 
subjects of other committees. He was again, in 1847, 
elected to the second Constitutional Convention, and in 
that body served as chairman of the committee on banks, 
banking and incorporations. The proceedings of both 
conventions will show that Mr. Chase was an able, active 
and strong member of those bodies. He reported himself 
as a farmer, but he was well versed on the subjects before 
the convention, and was among the best debaters in it. 
He did not indulge in long speeches, but was able to ex- 
press himself in pointed and strong terms upon most 
questions that came up for consideration. 

ISIr. Chase was elected a member of the first state sen- 
ate in 1848, and served two years; he was efficient in tlie 
oriranization of state government. He served as chairman 
of the board of supervisors in Fond du Lac county. In 
1850, Mr. Chase was the free soil candidate for governor. 
In 1S53, he removed to Battle Creek, Michigan, where he 
resided for some time. In 1872, he was a resident of St. 
Louis, Missouri, and was that year elected a presidential 
elector in that state. In 1876, he removed to California, 
and settled at Santa r)arbara, where he now resides, and is 
editor of the hidcfcndcnt at that place. In 1879, ^^^ ^^'^^ 
elected a member of the California state senate, for a term 
of three years. 

Mr. Chase has lived a somewhat eventful life, having 
served as a member of two Constitutional Conventions, in 
Wisconsin, a presidential elector in Missouri, and a mem- 
ber of the sciiale in two stales. His mind is somewhat 



IIOX. WILI.IAM ir. CLARK. 63 

erratic, but it possesses much strength, and hac; been culti- 
vated by extensi\'e reading. 

IfOX. WITXIAM ir. CT.ARK. 

William II. Clark was a native of New York, 
born in Brookheld, Madison county, in 1814. lie received 
a liberal education, and ranked high among his associates 
for his scholarlv attainments. lie received his academic 
course at Haniilton, New York. Among his associates 
were Hon. Wm. Pitt Lynde, of Milwaukee, and Hon. 
Harlow S. Orton, now of our supreme court. In these 
days, the writer knew him quite well. He was an excel- 
lent scholar, and was an able writer. He furnished a large 
portion of the dialogues for closing exhibitions dunng his 
term at the Hamilton Academ}-. To reading and study, 
he devoted his whole time; rarely joining in the sports of 
his fellow-students in the play grounds. He studied law, 
and soon after his admission to the bar, he settled at Prai- 
rie du Sac, in the county of Sauk, in the then territory of 
Wisconsin. He was a very early settler in that countv, 
and soon took rank as a man of superior ability. As a 
lawyer, he was deemed the ablest in the county, and equal 
in legal learning to any lawyer who attended cornet in that 
circuit. He was elected a representative from Sauk 
count}% in the convention of i8q6, and served on the com- 
mittee on municipal corporations. He did not take a very 
active part in the proceedings of that body, but liis native 
genius, kindly disposition and cultivated mind, gave him a 
respectable position among its members. 

After the county seat was fixed at Baraboo, IMr. Clark 
removed to that place, where he continued in the practice 
of the law for many years. A few years ago, he removed 
to Dexterville, Wood county, where he died in the early 
part ol: the present year (1880). He was twice married. 
At the March term, 1880, of the court in Sauk county, 
notice was taken of the death of Major Ci^vrk, and Gen. 



64 HON. SAMUEL T. CLOTIIIE.^. 

S. S. Barlow announced it lo the court in a brief and 
appropriate speech, from which we take the following ex- 
tract, as appropriate in this connection: 

Major Clark was a man of very fine sensibilities, modest and retiring 
in liis habits, yet ver^- social with those with whom he was intimate. He 
was possessed of a keen sense of humor and at times was very witty, yet 
his wit was always of a pleasant kind. He had no desire to wound the 
feelings of any one, and would much rather forego a joke than wound 
the feelings of any one. His literary tastes were of the highest order. 
He could repeat long passages of scripture and extensively from our 
classic English poets, and would often do so when alone with his friends. 
In his profession he was honest, and in his judgment of law he was able. 
He was well educated in his profession, well educated in general, and 
particularly in classic literature. And yet I cannot forbear quoting as 
peculiarly applicable to his case the words of \\'hittier: 

" Of all sad words of tongue or pen. 
The saddest are these, it might have been." 

At the same time the following resolution was unani- 
mously adopted: 

Resolved, That in the death of our late friend and brother, W'. H. 
Clark, we feel that we have lost the father of our profession in this 
county, the old :st and for many years the ablest member of our bar, a 
gentleman of scholarly tastes and fine literary attainments, one whose 
memory will always be cherished by those who knew him, and cherished 
most sincerely by those who knew him best. 

IIOX. SA.MUEL T. CLOTHIER, 

S.\!MUEL T. CLorini:R was a native of Massachusetts — 
date of birth not recorded — and by profession a farmer. 
He was elected, in 1846, to the Constitutional Con\'ention 
from Cold Spring, JelFerson county. Not reaching the 
capitol until some days after the session commenced, his 
name was not placed upon any of the standing committees. 
He is remembered as a courteous and intelligent gentle- 
man, well posted in parliamentary law, and earnestly desir- 
ous of securing the greatest public good to the generations 
to come after, by a liberal and just organic law, which 
would secure equality to all citizens alike. His after 
career and fate are unknown. 



iiONS. edw'd combe; joiix cooper; iiopew. coxe. 65 

HON. EDWARD COMBE. 

Edward Combe was elected to the Constitutional Con- 
vention from Richland county, in 1S46. He did not take 
his seat until a month after the session had commenced, 
and hence was assio-ned to no standing committee, and his 
ptn-sonal record has been unattainable. Our recollection of 
him is, Ihat he was an alTable and courteous gentleman, suf- 
fering from ill-health,\which was a bar to active labor in the 
work in hand, and that he took but little part in the pro- 
ceedings. About all that can be learned of him is, that he 
died several years ago. 

HON. JOHN COOPER. 

John Cooper was a native of the state of New York, 
born in 1810, and a farmer by profession. He was elected 
to the lirst Constitutional Convention in 1846, and served 
in that body on the committee on the constitution and or- 
ganization of the legislature. The part he took in the 
proceedings was not a prominent one. lie was a gentle- 
man of good cultivation and fair acquirements, much es- 
teemed by all. No record of his personal career has 
reached the committee. He is understood to be still livinsr, 
but where, has not been ascertained. 

HON. HOPEWELL COXE. 

Hopewell Coxe was born in Northumberland, North- 
umberland county, Pennsylvania, June 28, 181 2. He re- 
ceived a common school education. In 1832, he commenced 
the study of the law, in Williamsport, Penn., with Judge 
Ellis Lewis, a man of prominence in the legal profession 
in that state. Mr. Coxe was admitted to the bar in 1838, 
and commenced the practice of his profession in Williams- 
port, in company with Robert Fleming, in 1839, I" 
1842, he removed to the state of Kentuck}-, where he 
spent some three years; and in the spring of 1845, he set- 
tled in the territory of Wisconsin. He stopped first in 
5 



66 HON. JOIIX CRAWFORD. 

Milwaukee for a short time, and settled in Cedarburg, 
Washington county, in 1846. In the fall of that year, he 
was elected probate judge, an office he held for eight 
years. 

lie was elected as one of the representatives of Wash- 
ington county (then including what is now Ozaukee), in 
the Constitutional Convention of 1846, and served on the 
committee on suffrage and elective franchise. He ren- 
dered valuable service in this body; possessed more than 
average abilities, and was highly respected by his associ- 
ates. 

After state government was established, Mr. Coxe 
served in the assembly during the session of 1857, repre- 
senting the southern district of Washington county. In 
1852, he removed to Hartford, at which place he died June 
16, 1S64. 

January 9, 1847, Mr. Coxe was married, in Milwaukee, 
to Miss Amelia Ludwig. His widow, and three chil- 
dren — Mrs. H. W. Sawyer, and Messrs. C. H. and H, 
D. Coxe — now reside at Hartford in this state. 

HON. JOHN CRAWFORD. 

The sketch furnished us by the venerable Johx Craw- 
ford embodies so much of pioneer life and experiences, 
that we depart somewhat from our plan, to gi\'c its details 
in greater completeness. 

His father, William Crawford, was born in Worces- 
ter count}', Massachusetts, and was a son of Robert 
Crawford, who was of Scotch-Irish descent. His mother 
was a native of Massachusetts, whose maiden name was 
Mary Samson. She died in March, 1810, and the father 
soon after — both in Chester, Vermont. John Crawford 
was born in Royalston, Worcester county, Massachusetts, 
December 4, 1792. Was self-educated, not having enjoyed 
the advantage of schools, other than the school of practical 
lifi-. Was by occupation a farmer, but spent some years 



HON. JOHN CRAWFORD. 67 

as a sailor and navigator on the St. Lawrence river and 
great lakes. Married to Mary Ann Kitteniiouse, Sep- 
tember 20, 1814, in Madrid, St. Lawrence county, New 
York. She was born in Philadelphia, Pennsylvania, De- 
cember 18, 1786, and still survives. Of seven children 
born to them, only one is now living. 

Mr. Crawford left Chester, Vermont, in April, 1810, 
locating in St. Lawrence county, New York, until 1836. 
During this period he was commissioned captain in the 153d 
regiment of New York infantry, by De Witt Clinton, 
February 17, 1820, and subsequently was promoted through 
all the grades to major general. In May, 1829, was elected 
brigadier general of the 49th brigade, as successor to Silas 
Wright, the distinguished and lamented statesman of a 
later period. In April, 1832, was commissioned as major 
general of the 29th division of infantry, by Gov. Exos T. 
TiiROOP — John A. Dix, adjutant general. In November, 
1834, received the appointment of inspector of the revenue 
for the district of Oswegatchie, with headquarters at 
Maddington, in St. Lawrence county, which he resigned 
in 1836, to visit Milwaukee and secure a new home. After 
some years spent upon the lakes, settled with his family in 
the town of Wauwatosa, in 1840. Was elected a member 
of the territorial legislature in 1845, and to the Constitu- 
tional Convention in 1846, from the county of Mihvaukee, 
in which he served on the committee on militia. In 1853, 
he was elected to the assembly, and in 1866, supervisor at 
large of Milwaukee county, and also held numerous other 
local and less conspicuous offices, both before and after 
this period, the duties of all of which were discharged with 
conscientious and scrupulous honesty and fidelity. 

Mr. Crawford probably commanded the iirst lake boat 
that ever entered Mihvaukee river, which was on the 14th 
of June, 1837. He managed to push his craft as high up 
the stream as the present Chestnut street bridge — a not- 
able event at the time in the history of that village — and 



68 HON. THOMAS CRUSON. 

one worthy of commemoration. At this writing he is over 
87 years of age, and his wife over 93, having lived together 
more than 65 years — "never having been divorced, as is 
the modern practice,'' he adds, very significantly. Such 
pioneers as this may be said to have been living witnesses 
of the entire period of western civilization, from a time 
when the lakes were trul}^ desert wastes, and the land an 
almost unbroken solitude. With two or three exceptions, 
thev have seen the beginning of every city and lake port, 
as well as the mighty changes in the interior of all border- 
ing states. Such a life is necessarily full of thrilling inci- 
dents and experiences in ever}' way deserving permanent 
record, did our space permit of fui ther details. Let us all 
earnestly hope that this venerable pioneer family may be 
long spared to the land they have done so much and so 
long to build from the primiti^'e wilderness. No more 
upright, honorable or useful pioneer settler has lived or is 
still living in Wisconsin than the one whose memorial 
record we are now writinjj. 

HON'. THOMAS CRUSON. 

The father of Mr. Crusox was a native of Delaware, 
and the mother, of Maryland. They settled in Kentucky, 
in 1790. Thomas Cruson was born in Mason county, 
Kentucky, December 10, 1802, and remained in the same 
place till 1824. He received a common school education, 
as good as was usual at that time. His principal occupa- 
tion has been mining, though he has given some attention 
to farming. Was married in Platteville, Wisconsin, to Miss 
Cathkrine Greex, on the i6th of December, 1832. In 
1824, located in St. Louis; in 1826, removed to Galena, 
and commenced mining at New^ Diggings. In September, 
1829, removed to Platteville, where his family remained 
t'l^ iS53> when it joined Mr. Cruson in California, where 
he had been for tlie two jircxious years. He was in Gen. 
DoniHi's comniand in his lirst expedition against the Win- 



HON. WILLIAM M. DENNIS. 69 

nebago Indians, in 1829, and furnished his own horse and 
equipments. He was a member of the territorial legisla- , 
lure, at its first session in Madison, in 1838; and was a mem- 
ber during the sessions of 1839, 1840, 1845 and 1846. In 
1846, he was elected a representative from the county of 
Grant, to the Constitutional Convention, and in that body 
served on the committee on amendments to the constitu- 
tion. He was not prominent on the floor of the conven- 
tion, but was esteemed as a man of good practical sense. 
After the convention, he served as county commissioner, 
and took part in the first division of Grant county into 
townships. He now (1880) resides in Placerville, Califor- 
nia. He writes, that " In the convention, I acted with the 
Whig party, and have remained in tlie faith (with slight 
modifications) ever since. 

HON. WILLIAM M. DENNIS. 

William M. DennJs is a native of Rhode Island, and 
was born in 1810. He was one of the early pioneers to 
Wisconsin, and has been a prominent resident of Water- 
town during the existence of the place. For many years 
he has been in the banking business. He was a member 
of the territorial house of representatives in 1846, and the 
same year was elected a member of the first Constitutional 
Convention, from the county of Dodge. He served in that 
body on the committee on education, schools and school 
fund, and was an energetic worker, and a ver}' useful mem- 
ber of the convention. After the state organization, Mr. 
Dennis was elected to the first state senate, and served 
during the 3^ears 1848-9; in 1853, he w^as a member of the 
assembly, and from 1854 to 1858, he was bank comptroller. 
In all these positions he was faithful to duty, affable in 
manner, and in all respects, a capable and popular official. 
He is a gentleman, extensivelv known in the state, as a man 
of ex'cellent business judgment, sound practical sense in all 
things, and is generally respected by those who know him. 



70 HON. NAPHANIEL DICKINSON. 

The life of Mr. Dennis has been a bus}' one; but he 
shrinks from giving particulars to the public, otherwise 
this sketch would have been much fuller and more com- 
plete. 

HON. NATHANIEL DICKINSON. 

The ancestors of Mr. Dickinson were from England, 
and settled in Massachusetts in the early part of the eight- 
eenth century. His father, John Dickinson, married 
Eleanor Hicks, and removed to Vermont in 1790; he 
was in the battle of Plattsburg, September 11, 1814. 
Nathaniel Dickinson was born at Calais, Vermont, De- 
cember 20, 1810; received a common school education, and 
became a carpenter, joiner and builder. He was married 
at East Calais, January 26, 1841, to Miss Phila Foster. 
His wife died March 13, 1873. In 1834, ^^^ settled at Bar- 
nett, Caledonia county, Vermont; in 1836, went to Boston 
and remained about one 3'ear, when he removed to Haver- 
hill, New Hampshire, where he remained till 1843, in 
which 3'ear he came to Wisconsin, and settled at Burling- 
ton, Racine county. In 1846, Mr. Dickinson was elected 
a representative to the Constitutional Convention from 
the county of Racine, in which body he served on the 
committee on the boundaries and name of the state. His 
record in the convention was a highly creditable and hon- 
orable one. He was four years a member of the Burlin<r- 
ton board of supervisors; two years was the chairman; 
and he served two years as a justice of the peace. He 
was connected \\'ith military companies in Massachusetts 
and New Hampshire; and was a captain of Co. G., 4th 
Wisconsin, under Gov. Di^wey. In 1854, he removed to 
Spring Prairie, Walworth county; in i860, to Delavan; in 
1863, to Elkhorn, where he now resides. 

HON. JAMES DUANE DOTV. 

To write a complete sketch of Gov. Doty would be to 
write the wiiole history of pioneer Wisconsin, with nearly 



HON. JAME1S DUANE DOTY. 7 1 

every public event in which he bore a part or had official 
connection from the beginning. Probably n(j public man 
ever experienced greater vicissitudes in the ebb and How of 
popular feeling, or occupied conspicuous and leading posi- 
tions for so long a period. But as the plan of this work 
forbids much of detail, a summary must embody the most 
salient features of his career, leaving the proper filling up, 
where it properly belongs, to the historian. 

Mr. Doty was born in Salem, Washington county. New 
York, in 1799. After a thorough preliminary education, 
he adopted law as a profession, and located at Detroit^ 
Michigan, in 1818. He was soon after made secretary of 
the legislative council and clerk of the court. In 1820, he 
was one of the party who, under Gov. Cass, made the cele- 
brated vo3-age of the upper lakes i^n canoes, negotiated 
treaties with several Indian tribes, and made a report on 
that then almost unknown region, w^hich will ever be read 
with pleasure and profit by every student of American 
annals. 

In 1823, congress passed an act providing for the ap- 
pointment of an additional judge for the territory of Mich- 
igan, and to establish courts in the counties of Michilimacki- 
nac, Brown and Crawford, the latter two embracing the 
whole territory comprised in the present states of Wiscon- 
sin, Iowa, Minnesota and Dakota. Judge Doty w^as ap- 
pointed to the position, and at once commenced upon the 
work of the new circuit. The same year he married the 
eldest daughter of Gen. Collins, of New Hartford, Oneida 
countv. New York. 

His first term of court was held at Prairie du Chien, 
then little else than a military outpost among savages, and 
his first purpose was to have made that place his home: 
but he finally settled at Green Bay, where he kept his 
residence for about twenty years. He filled the office of 
judge for nine years, when a successor was appointed. 
He then de\-oted a length}- period in making examinations 



72 HON. JAMES DllANE DOTY. • 

of the interior country — especialh" in Wisconsin and north- 
ern Illinois, with aU of whose great topographical features 
he made himself personally familiar, being in advance of 
either surveys or settlement. 

In 1830, he was one of the commissioners appointed by 
act of congress to lay out a military road from Green Bay 
to Chicago, Illinois, and to Prairie du Chien. In 1834, ^^ 
was elected to the legislative council of Michigan to repre- 
sent the district west of the great lakes. While in that 
body he introduced a bill to make Michigan a state, which 
was finally adopted, and led to the division of its territorial 
limits two ycixvs later, and the creation of Wisconsin and 
Iowa territories. Embarking in the land speculations that 
followed, Gov. Doty, in partnership with Gov. Ste\'exs 
T. Masox, of Michigan, among other selections, entered 
the site of the present city of Madison, secured the location 
of the capital, and caused it to be surveyed and platted into 
lots, which was soon followed by pioneer settlement. 

In 1838, he was elected delegate to congress from the 
newly organized territory, in which capacity he served 
until 1 84 1, when he was appointed to the office of governor. 
His administration, owing to local causes, was a stormy 
one, and the records and press of the period are llllcd with 
details of bitter contention'. After serving about three 
years, a successor was chosen, when he was appointed by 
the war department on a commission to treat witii the 
Indian tribes of the northwest, with whom important 
treaties were soon negotiated. 

In 1846, he was elected a member of the Constitutional 
Convention from Winnebago county, serving as chairman 
of the standing committee on the boundaries and name of 
the state, and a member of the committee on miscellaneous 
provisions. Owing to the bitter memories and jealousies 
of the period, the part he took in the general proceedings 
was not especially prominent, yet his minute geographical 
knciwledge and long personal experience from actual travel 



HON. JAMES DUANE DOTY. 73 

and investiijation rendered his services invaluable to his 
associates. 

In 1848, after the state organization, he was elected a 
member of congress from the third district, and re-elected 
in 185 1. After an inlerxal of some }'ears' repose, he was 
appointed, in 1861, superintendent of Indian affairs, and 
subsequently governor of Utah territor}-, which position 
he held until his death, June 13, 1865. 

An impartial estimate of the public career and services 
of Gov. Doty, and their connection with the present, 
drawn by one who took some part against him in the con- 
tentions of early times, is a work in which any who par- 
ticipated might well feel diffident. Still there is a common 
ground upon which all will agree. He was a man pos- 
sessing extraordinary genius and abilities, far beyond the 
common lot. He was versatile, polished, and of marvel- 
ously winning address. His ambition was great, noble 
and honorable. His chief and greatest pride, was in the 
growth and development of a state and country whose in- 
stitutions he had assisted in creating, and to bear a con- 
spicuous part in maturing events that had grown largel}' 
from his own labors. To great natural graces and gifts, 
he added profound learning; a keen insight into the secret 
springs of human action; a wealth of genial courtesy and 
sympathetic kindness; a brilliant command of language 
embellished by deep thought; a fund of humor ever flow- 
ing, and an active benevolence rarely found outside of 
frontier life. Nor was he selfish, or avaricious of personal 
gain, or the poor distinction of mere wealth. His oppor- 
tunities were great, but his losses and sacrifices were so 
much greater as to keep him in pecuniary embarrassment 
the greater portion of his life. Vast as ^vas the field of 
his labors — immeasurable the fruits — he rarely failed to 
be equal to, or greater than his surroundings; and, when 
impulse or passion did not blind, his judgment was rarely 
at fault. He reached results loiricallv and almost bv intui- 



^^ HON. JAMES DUANE DOTY. 

tion. His mistakes were human. His merits far prepon- 
derate in the scale of any just estimate of his career. 

Pohtically, wliile filling the office of executive, he had 
many active enemies. Personally, he may be said to have 
had few, or none. Naturally enthusiastic, full of confi- 
dence in the rapid development of the fertile wilderness all 
about him, he embarked in extensive landed speculations 
to be rudely awakened, like others, from dreams of wealth 
inspired by ardent hope, rather than conditions of realiza- 
tion. Li this, his experience was similar to that of all who 
participated in the prevalent impulse. But his prominent 
connection with public finances, and a banking S3'stem too 
feeble to stand alone, made him a conspicuous target for the 
shafts of even well meaning men — and much more so of 
the disappointed. That he was derelict in any form from 
purpose or choice, is contrary to the evidence of every act 
of his life. From private embarrassment to political hos- 
tilit}', in such cases, is but a step, and unluckil}^ the contest 
was intensified by some acts, which, if not arbitrary, must 
be classed as errors of judgment. In such controversies, 
and in the midst of excitement, the real motives and pur- 
poses of rulers are often not only wholly ignored, but even 
bitterlv derided. Excepting a collision with the legislature, 
the official labors of Mr. Doty, in every position, were 
usually cordially sustained and approved. 

It was the fortune of the governor to have begun public 
life in a field where almost every important actor secured 
special prominence. The explorers of unknown regions are 
usually conspicuous, and this especially where multitudes 
impatiently wait the information gathered. But it is little 
enough to say of him, that he would have been a man of 
mark in any country or state, at any time. His command- 
ing person, dignified and afiable address, and greatness of 
ideas and purposes, insured respect under all circumstances. 
Men insinclivel}' felt that he was born to be a leader — 
the peer of the highest — qualified and fitted for any sta- 



HON. JEREMIAH DRAKE HON. ABEL DUNNING. 75 

tion that might be allotted to him. His real history 
remains yet to be written. 

HON. JEREMIAH DRAKE. 

Jeremiah Drake was born in Ulster count}^ New 
York, March 28, 1784. Tlis father, Cornelius Drake, 
was born in the state of New York, May 10, 1765, and 
mother, Phcebe Drake, September 25, 1762. His educa- 
tion was that of the common schools of the period. His 
occupation generally was that of a miller and farmer. He 
w^as married September 13, 1810, to Lucinda Brockett. 
He resided in the town of Salisbury, Herkimer county, New 
York, from 1800 to 1842, when he removed to Azlalan, 
Jetlerson county, Wisconsin, and the next 3'ear to Colum- 
bia county, where he resided until his death, Decembjr 6, 
1868. His opponent as candidate for the convention in 
1846, was James T. Lewis. 

Mr. Drake served in the convention as one of the com- 
mittee on education, schools and school funds, and through- 
out the proceedings of the body, made a highly honorable 
record as a diligent and useful member. At the close he 
retired to private life, and thereafter seems to ha\'e avoided 
all public positions, unless of a local nature. 

HON. ABEL DUNNING. 

Abel Dunning was born in Webster, Monroe count}^ 
New York, February 17, t8ii. After enjoying a thorough 
common school education, he adopted farming as an avo- 
cation. September 10, 1838, he married Hakkii:t M. 
Ro(;ers, who died June 2, 1857. November 5, 1862, he 
married Mrs. Dora Newhall as his second wife. 

Mr. Dunning settled in Madison, Wisconsin, Julv 7, 
1837, and has ever since remained on the farm he soon 
after selected for a homestead. He was among the first 
who broke the \-irgin soil in Dane county, and the first who 
put in a crop of any kind in the town of Madison; and, 



y6 HON. ELISIiA W. EDGERTON. 

with one or two possible exceptions, may properly be held 
the father of agricultural pursuits in all this region of 
country. 

He was elected to the Constitutional Convention in 1846, 
from Dane county, and served in that body on the commit- 
tee on preamble, as well as upon several select committees. 
While not specially prominent in the part he took in the 
deliberations, he nevertheless brought to the work a sound, 
clear and vigorous intellect, strong native sense, and an 
honest, upright and patriotic purpose to secure an organic 
law worthy of a great and free commonwealth. 

The career of Mr. Dunxixg, both before and after state 
organization, has not been strikingly eventful. He has 
held so many local town and county offices that a bare 
enumeration would be tedious — but they were always 
conferred without solicitation, and generally by the unani- 
mous choice of his neighbors. Unambitious of public life, 
to which he has ever been disinclined, so far as any of the 
higher offices were concerned, his long career has been one 
of eminent and distinguished usefulness in practical works, 
the evidences of which are all about him. Indeed, he has 
witnessed and taken part in all the wondrous changes that 
have taken place from the beginning of white settlement; 
and now, at a ripe old age, is surrounded by troops of 
friends, embracing two generations, and enjoying the 
highest respect and esteem of all who know him. 

IIOX. ELISIIA W\ EDGERTON. 

IClisiia W. Edgerton is a native of Connecticut, and 
was born in 1814. He came to Wisconsin at an early day, 
and for many years was a resident of the town of Summk, 
Waukcslia county. While at that place, he \vas a success- 
ful farmer, and at one time had U\c reputation of possess- 
ing the host improved farm in the state. Some years ago, 
he sold his farm and removed to Milwaukee, where he 
now resides, and is in the commission business. In 1S46, 



IIOX. PITTS ELLIS. 77 

Mr. Edgerton was- elected as a representative from the 
county of Waukesha, to the ih-st Constitutional Conven- 
tion, and in that body served on the committee on the 
boundaries and name of the state. He was not among 
the speech-making members of the convention, but his 
strong native sense, sound and practical notions, and his close 
attention to business, rendered him a very able and useful 
member, and one that secured the high esteem of his asso- 
ciates. In 1863, he served as a member of the assembly 
from the county of Waukesha. From its first organiza- 
tion, Mr. Edgertox has been a leading member of the 
State Agricultural Society, and was one of its earl}- presi- 
dents, and for many 3'ears served eilicienth' on its executive 
committee. He is a modest man, retiring in his habits, 
and shrinks from being made prominent. These charac- 
teristics will account for so few particulars in this sketch. 
They were not furnished. 

HON. PITTS ELLIS. 

1 

Joiix Ellis, the father of the subject of this sketch, was 
a native of Connecticut, and served in the old Indian war 
under Gen. Wayne, and was wounded. He subsequently 
removed to the state of New York. Pitts Ellis was 
born in the town of Murray, Genesee county. New York, 
February 29, 1808. He received a common school educa- 
tion, and was a mechanic. In after life he devoted con- 
siderable attention to farming, and to dealing in cattle and 
produce. He was married in the town of Perrysburg, Cat- 
taraugus county. New York, February 23, 1832, to Lucia 
W. Balcom. Before coming to Wisconsin, he resided at 
Auburn and Niles, in the state of New York, and Tecum- 
seh, Michigan, He was among the early pioneers of 
Wisconsin, and settled at North Prairie; afterwards re- 
moved to Jenkinsville (now Genesee), Waukesha county. 
He was the first justice of the peace, elected b}- the people 
of that town, and served as chairman of the town board of 



-jS HON. AXDRliW E. ELMORE. 

supervisors. He was elected to the territorial legislature 
in 1845. In 1846, he was elected a representative from the 
county of Waukesha, to the Constitutional Convention, and 
in that body served on the committee on the act of con- 
gress for the admission of the state. While the part he 
took in the proceedings of the convention was not specially 
prominent, he was noted for valuable suggestions and 
services, and was, in all senses, a useful member. He was 
a member of the state assembh' in 1850. He died in the 
village of Genesee, Februar}- i, 1875. 

IIOX. ANDREW E. ELMORE. 

The father of Mr. Elmore, a native of Connecticut, was 
of English descent; his mother, a native of New York, of 
Holland or Dutch descent. i\NDREW E. Elmore was 
born in New Paltz Landing, Ulster county, New York, 
May 8, 1814, received a brief common school education, 
and has generally followed the occupation of a merchant, 
and grain elevator and warehouse business. In November, 
1839, ^^^ settled in Mukwonago, Milwaukee (now Wauke- 
sha) county, and resided there twenty-four years, since 
which he has resided at Green Bav and Fort Howard. 
He was appointed postmaster at Mukwonago, in 1840, 
when the office was first established, and held the position 
until 1849, and again appointed in 1853, and held it for four 
years. He married, November 24, 1841. 

In 1846, he was elected to the Constitutional Convention 
from Waukesha county, and served in that body on the 
committee on revision and adjustment of the articles of the 
constitution adopted by the convention, as well as upon 
several select committees, and was in many respects a 
consjiicuous and prominent member, and took an active 
part in the proceedings. 

Ill 1842-3, he was elected a member of the territorial 
house (;f reprcsenlatives, and served for two years, and in 
18O0, a member of the state assembly. He also tilled the 



HON. GARRETT M. FITZGERALD. 79 

oflice of cliairman of tlie board of supervisors of Wauke- 
sha county for twelve continuous years. 

The personal peculiarities and characteristics of Mr. 
Elmore would alone make him a man of note in any com- 
munity. He possesses in a remarkable degree a keen 
sense of wit and faculty of humorous satire, that overflows 
naturally on all occasions, especially among old acquaint- 
ances and friends, and seems without limit or end. Under- 
neath this seeming levity lies a substratum of strong native 
common sense, cultivated intelligence, thoughtful and logi- 
cal acumen, and a wise sagacity that early fastened on him 
the title of "Sage of Mukwonago," by which he is prob- 
ably as well known as by his real name. He is one of the 
style of men that early hardships could not harden, nor 
prosperity spoil. Ever genial, cordial and companionable, 
he possesses a warm heart, strong friendships, active sym- 
pathies, an honorable ambition, and noble purposes and 
aims. He has for many years been a member of the State 
Board of Charities and Reform, and at the present time 
(1880) is its president; he gives much attention to the state 
penal and charitable institutions, both as an officer and 
citizen, and probabl}' no one has given wiser and better 
counsel, or more zealously performed his part. He has 
e\er been a good business man, sagacious in forecast, care- 
ful in management, and prudent in venture; and now^, after 
a career in both public and private life of over forty years 
in the w^est, has troops of friends everywhere, a kind 
word for all, and is universally respected and esteemed. 

HON. GARRETT IVI. ITTZGER.\LD. 

Garrett INI. Fitzgerald was a native of Ireland, born 
in 1809, and by profession a farmer. He was elected in 
1846 to the Constitutional Convention from Milwaukee, and 
served in that body on the committee on education, schools 
and school funds. In 1847, he was re-elected to the second 
convention, and served on the same committee. Other- 



So HON. iiAVNi:s fren'Cii — hon. benjami?; fuller, 

wise, he took no prominent part in either body. He was a 
kind hearted, genial gentleman, of fair education, and ever 
popular with his associates. After state organization, Mr. 
Fitzgerald w as a member of the assembly in 1850; he 
filled the ollice of county treasurer, and several other official 
positions in Milwaukee. Subsequently he removed to 
Watertown, Wisconsin, where he died several years ago. 

HON. HAYNES FRENCH. 

Haynes French was a native of Vermont, born in 
1808. He was elected to the Constitutional Convention 
from the south part of Racine, now Kenoslia county, and 
was by profession a farmer. He was not conspicuous in 
the part he took in the proceedings, but w^as held in much 
esteem by his associates. It is not known that he ever 
held any other further public position. He died about 
1872. 

HON. BENJA^HN FULLER. 

BENjA>nN Fuller was born in Warren, Litchfield 
county, Connecticut, in the 3-ear 1799, and resided in that 
place until 1832, when he removed to central New York. 
In the fall of 1844 he came to Wisconsin with his family, 
and spent the winter at Lima, near Whitewater, and in the 
spring of 1845, made a permanent location in the town of 
Rutland, in the county of Dane, being among the first set- 
tlers of that town. He resided there till his death in 1850. 

In 1846, he was elected a member of the first ConstiUi- 
tional Convention from the county of Dane, and served in 
that body on the committee on eminent domain and the 
property of the state. He took an active part in the labors 
of the convention; was a man of strong will, honest pur- 
pose to preserve the right, and excellent sense. His ser- 
vices were of great usefulness, and he enjoyed the fullest 
confidence of his associates. 

In early life, Mr. Fuller received a good education, and 
he devoted himself to the teaching of school winters and to 



HON. MOSES S. GIBSON. 8l 

farming summers. His few years in the state gave promise 
of great usefulness in building up a new country, had his life 
been spared. The memories of him by his old acquaint- 
ances are pleasant, showing that he was a man highly 
respected as a neighbor and friend. 

HON. i\IOSES S. GIBSON. 

Moses S. Gibson was born in Livingston county, New 
York, in 1816; received a common school education, and 
his general occupation has been that of mercantile business 
a large portion of his life. He settled at Fond du Lac in 
1844. Was elected a member of the Constitutional Con- 
vention in 1846, and of the territorial legislature in 1847. 
Was married to Carrie F. Gilman in August, 1856. 

Mr. Gibson served in the convention on the committee 
on banks and banking, and on several special committees, 
and was noted for his intelligent and zealous labors. 
Without being especially prominent, his work was valua- 
ble and useful, and highly appreciated by his associates. 

In 1849, he was appointed receiver of public moneys for 
the St. Croix land district, and removed to the mcnith of 
Willow river, now Hudson, Wisconsin, where he has 
ever since resided. During the great rebellion, he was 
appointed a paymaster, U. S. A., and assigned to the De- 
partment of the Missouri, with headquarters at St. Louis, 
in which state his labors were chiefly performed. In 1878, 
he was appointed to a position in the sixth auditor's office 
of the treasury for the post-oflice department. 

Among early pioneer experiences, we note for record 
that Mr. Gibson landed at Sheboygan in the spring of 
1844, with a stock of merchandise, and, finding no market 
therefor, proceeded to hunt up a location. At that time 
there was no road other than a trail through the Sheboy- 
gan woods. After two days' travel with a team, he 
reached Fond du Lac, and concluded to locate there. At 
that time the place contained five frame buildings, two log 
6 



83 HON. DAVID GIDDIXGS. 

houses, one of which was the hotel, kept by Thomas 
Grkkn, and a loy; blacksmith shop. The changes that 
thirty-four years have since made are a striking indication 
of the ijeneral orowth of the whole west. 

HOX. DAVID GIDDIXGS. 

David Giddings is a son of Joshua Giddixgs, of Hamil- 
ton, Essex county, Massachusetts, who was born in June, 
1777, married Abigail Cogswell, of Ispwich, at the age 
of twenty-four, settling on a farm near that village. Mr. 
Giddixgs was born at Ispwich, July 24, 1808, educated at 
its grammar school, and has followed the avocations of 
civil engineer, lumbering and farming since reaching legal 
age. He settled in Green Bay in 1835. June 7, 1842, he 
was married to Dorothy C. Trowbridge. 

A brief sketch of his career is worthy of honorable rec- 
ord. He took a civil engineering course, and as a civil 
engineer, in 1835, at the age of twenty-seven 3'ears, he 
came to this state as United States surveyor for northern 
Wisconsin, with headquarters at Green Bay, then a small 
settlement. Here he remained three years, when he re- 
moved to Shebo3'gan, and in 1839, he bought the Sheboy- 
gan Falls saw mills and 500 acres of land adjoining, upon 
which the village of Sheboygan Falls is now located. He 
entered immediately into the lumber business, abandoning 
his former profession, and continued in the business about 
fifteen years. When he bought this property, there was 
but one family living at the Falls. 

While at Green Bay, he was elected to the territorial 
legislature, serving two 3-ears. He was a member of the 
llrst Constitutional Convention held in this state, in 1846, 
being the member chosen from Sheboygan county. He 
served in this body on the committee on bill of rights, and 
in several other important positions on select committees, 
and was in all respects a diligent, faithful and useful mem- 
ber, held in high esteem by his associates. 



HON. JAMES GILMORE — IIOX. LEMUEL GOODELL. 83 

Upon the organization of Sheboygan and Manitowoc 
counties, he was elected probate judge, which office he 
held two terms. He also held various local ofhces, while 
a resident of Sheboygan county, all of whicli he tilled to 
the hio-hcst satisfaction of his fellow citizens. In 1866, he 
bought the John B. Macy place, about three miles out of 
Fond du Lac city, in the town of Empire, which is now 
the most attractive farm, by reason of its fine buildings, 
and elegant surroundings, in the county. After locating 
here, Mr. Gn)DixGs kept entirely aloof from politics and 
public life, attending neither caucus nor convention of any 
i;:ind, until the canvass of 1878, when he was placed in 
nomination by the national greenback party as their candi- 
date for congress, and received the vote of that organiza- 
tion. 

Mr. GiDDiNGS is now, at the age of 72 years, a hale and 
hearty man, in vigorous health, of ripe experience, and 
hio-hlv cultivated mind. He has witnessed the whole 
growth of Wisconsin from a few scattered hamlets, and 
has stored in his memory the entire sum of its annals. He 
is a citizen of whom the state may well be proud. 

HON. JAMES GH.MORE. 

James Gilmore was born in Vermont in 1786. The 
date of his settlement in Wisconsin is unknown. He was 
elected to the first Constitutional Convention from James- 
town, Grant county, but took no prominent part, as far as 
the record discloses. Mr. Gilmore was a member of the 
first state assembly in 1848. Nothing further of his per- 
sonal record has come within reach of the committee. He 
died, as is understood, in the year 1859. 

HON. LEMUEL GOODEIvL. 

Lemuel Goodell was a native of Connecticut, born 
in 1801, and by profession a farmer. He was elected to 
the first Constitutional Convention from Calumet county, 



$4 HON. HKNRY C. GOODRICH — HON. ELIHU B. GOODSELL. 

and served in that bodv on the committee on boundaries 
and name of the state. While not prominent in the part 
taken in oreneral proceeding's, he was distinguished for 
strong native sense, clear judgment, and cultivated mind. 
In 1849, he was elected to the state senate, in which he 
served acceptably for two years. His personal record 
since has not been received. At latest date he was still 
living, at the ripe age of sevent3'-nine years. 

HON. HENRY C. GOODRICH. 

Henry C. Goodrich was born in the state of New 
York, in the year 1815. He settled in Portage county at 
an early day, and embarked in the lumbering business. 
He was elected to the first Constitutional Convention in 
1846, and served in that body on the committee on bill 
of rights. Otherwise than this, liis labors were not prom- 
inent. He was a gentleman of fair abilities, possessed 
strong practical good sense, and worthily represented his 
constituents. Soon after the adjournment, he is believed 
to have left the state, and his present whereabouts is un- 
known. 

HON. ELIHU BERNARD GOODSELL. 

The parents of Mr. Goodsell were both of Irish de- 
scent. His father, Elihu Goodsell, was born in Fairfield, 
Connecticut. His grandfather was a soldier during the war 
of the revolution, and was killed at the battle of Bennin<r- 
ton. The family removed to Vermont at a very early 
date. I lis mother, Ann Atiierton, was born in Green- 
field, Massachusetts, and also settled in Vermont when the 
state was little else than a frontier wilderness. Elihu B. 
GooDsicLL was born in Sheldon, Franklin county, Ver- 
mont, May II, 1806; received both common school and 
academic education; and during a long career, has at times 
followed farming, teaching, mining and merchandising as 
a profession. Married, May 4, 1846, to Isabella Oakes, 
of Montreal, who still survives. Emigrated to the west in 



HON. ELIHU BERNARD GOODSELL. 85 

April, 1832, settling first near Quincy, Illinois, then visited 
Dubuque, Iowa; and finally located in what is now the 
town of Highland, Iowa county, in 1834, where he has 
ever since resided. 

Previous to the Constitutional Convention, Mr. Good- 
sell filled the position of county commissioner of Iowa 
county (which then included La Fayette), and was for two 
years chairman of the board. He was elected a member 
of the convention in 1846, from the county of Iowa, and 
served in that body as a member of the committee on 
eminent domain and property of the state. The part he 
took in the proceedings, while not specially prominent, was 
thoughtful, conservative, and sagacious. After the final 
organization of the state, he was elected a member of the 
legislature in 1865, having meanwhile and since filled the 
positition of postmaster and numerous minor town ofilces. 

The pioneer experiences of Mr. Goodsell would, if 
written out, make a fair sized volume. He was one of the 
first to venture into the wilderness territory in 1834. In 
1833, he accompanied La Claire, the Indian interpreter, 
with a government agent to Dubuque, for the purpose of 
removing the Indians from that locality. When the party 
arrived, there was neither a habitation nor a white person 
on the site of the present city. From thence he went to 
Mineral Point, and attended the first court ever held in 
that place — Judge Doty presiding. The court-house 
was a shed made of poles, covered by shakes, all fastened 
together with wooden pins or fastenings, as there was not 
a nail in the structure. In this primitive edifice thus pro- 
vided, '-the judge presided with honor and decorum." 
The entire territory was divided into only two or three 
counties at this time. 

From Mineral Point Mr. Goodsell removed to High- 
land, built a cabin, and settled among the Winnebago In- 
dians, who were his nearest neighbors for several years, 
and he always found them hospitable, kind and well-dis- 



86 HON. \\'ALLACE WILSON GRAHAM. 

posed. In 1845, he laid out a few village lots in Highland 
for the convenience of the lead miners, and the place has 
since grown to a lively village, incorporated, with some 
1,200 population, and a flourishing farming country all 
about it. Such have been the changes of a single genera- 
tion. But how difficult to make the later comers realize 
its magnitude ! Pioneer experience is for once only. After 
the brief period has passed there remains no standard to 
compare it with. 

HON. WALLACE WILSON GRAHAM. 

Wallace Wilson Graham is a son of John Graham 
and Elizabeth A. Graham, whose maiden name was 
Elizabeth A. McMahon, and was born in Crageycroy, 
Ireland, September 16, 181 5; emigrated to America, and 
first settled in Ashtabula, Ohio; removed to Milwaukee, 
November 25, 1838, where he has ever since resided. 
•Married to Ruth Ann Wright, daughter of David and 
Margaret Wright, in Dubhn, Ohio, August i, 1854. 
Education, academic; profession, a lawyer, but seldom 
acting as advocate on the trial of litigated cases, his labors 
being principall}^ devoted to conveyancing, examination of 
titles, and general office business. Was elected a member 
of the Constitutional Convention of 1846, in which he 
served as chairman of the standing committee on educa- 
tion, schools, and school funds. His associates were E. G. 
Ryan and G. M. Fitzgerald. The report of the com- 
mittee, with but few amendments, was approved by a 
large majority, became a part of the first constitution as 
submitted for popular approval, and was one of the most 
important articles in that instrument. 

In 1846, Mr. Graham was elected a member of the 
common council of the city of iNIihvaukee, and, ex officio^ 
member of the county board of supervisors, hi 1852, he 
was elected to the assembly. In 1856, he was chosen city 
attornev. Ills career in Wisconsin has been lonii and use- 



HONS. BENJAMIN GRANGER — HON. NEELY GRAY. 87 

ful — not brilliant or imposing — but one that has conferred 
substantial benefits on the territory and state, and is in 
every sense honorable and creditable to himself. 

HON. BENJAMIN GRANGER. 

Benjamin Granger was born in Vermont in the year 
1818. Emigrated at an early date to Dodge county, and 
was by profession a farmer. He was elected a member of 
the lirst Constitutional Convention in 1846, from the 
county of Dodge, and served in that body as a member of 
the standino- committee on bill ot riffhts. It is not known 
that he held an}^ official position in the state after its organ- 
ization. During his residence in Wisconsin, he was highly 
respected and esteemed by all who knew him. As far as 
can be learned, he is now living in Chicago. 

HON. NEELY GRAY. 

Neely Gray was born in Virginia in iSio; removed 
to Pennsylvania at a very early age, and by trade was a 
mill-wright. He was one of the very early settlers of 
Grant county, Wisconsin, and for many years was a prom- 
inent business man at Platteville. He was a member of 
the territorial house of representatives in 1841-2; and in 
1846, was elected to the Constitutional Convention from 
the county of Grant, and ser\'ed in that bod}- on the com- 
mittee on corporations other than banking and nuinicijial. 
He was inclined, neither b}- habit nor training, to take much 
part in general debate; but in the qualities of clear 
judgment, strong reasoning powers and good native sense, 
he had no superior. In 1849, in company with many others 
from the mining region of Wisconsin, he went to Califor- 
nia, leaving his family in Madison, in which place lie be- 
came a permanent settler in 1852; and remained there 
during the balance of his life. He devoted the latter vears 
of his life to mercantile pursuits. Mr. Gray was of a 
kind hearted, generous nature, of upright and honorable 



88 HON. WILLIAM C. GREEN — HON. JOHN HACKETT. 

character, quiet and unassuming in manners, a staunch 
friend, a kind neighbor, and an honest man, possessing 
many warm friends. He was patriotic, and took a lively 
interest in the war for the maintenance of the Union, which 
he aided by his voice and means, and by sending his son 
to fight in the ranks of the country's defenders. 

Mr. Gray discharged, in a highly creditable manner, the 
duties of all public positions he held, but was seldom will- 
mc- to accept of political preferment. He was, for a time, 
a member of the county board of supervisors of Dane 
county. He was in all respects an excellent citizen, and 
highly esteemed in all the relations of life. He died in 
IVIadison on the 15th day of May, 1867. 

HON. WILLIAM C. GREEN. 

William C. Green was born in Berlin, Massachusetts, 
August 26, 1802; received a common school education, 
and chose for business the occupation of a farmer. He 
resided several years in the town of Wethersfield, Genesee 
county, New York. In 1840, he located in the town of 
York, Green county. He held the office of county super- 
intendent of schools three terms, commencing with 1862. 
He married Joanna Phillips. 

In 1846, he was elected a member of the first Constitu- 
tional Convention, and served in that body on the commit- 
tee on internal improvements. He was a gentleman of 
sterling sense, good culture, and was highly esteemed by 
his associates. 

HON. JOHN HACKETT. 

John Hackett was a member of the Constitutional 
Convention of 1846, but not arriving at the capital for sev- 
eral days after that body was organized, his name does 
not appear on any of the standing committees; but he was 
a useful member. He had previously served as a member 
of the territorial legislature in the years 1840, 1841 and 
1842. He was also a member of the state assembly in 



HONS. GEO. B. hall; JAS. IL HALL; S. P. HAMMOND. 89 

1852. He has since been a prominent citizen of Beloit; 
has been mayor of that city, and is still a resident of that 
place. No record of his life and career having been fur- 
nished, further particulars cannot be given. 

HON. GEORGE B. HALL. 

The place of nativity of Mr. Hall is not recorded, nor 
his age. He was a lawyer by profession, elected to the 
first Constitutional Convention from Rock county, and 
served on the committee on boundaries and name of the 
state. He was a gentleman of pleasant and atlable ad- 
dress, well read, of few words, but of deep and profound 
thought — -in all respects a worthy and honest man. Mr. 
Hall, several years ago, removed to Owatonna, in Min- 
nesota, at which place he died, April 21, 1878. 

HON. JAIVHLS H. HALL. 

James H. Hall was born in Vermont in 1813. He 
was by profession a farmer, and was elected to the first 
Constitutional Convention from Racine county in 1846. 
He served in that body on the committee on preamble, but 
was not otherwise distinouished. He was a jjentleman of 
fair abilities, a good man and worthy citizen. He removed 
from the county some time in 1850, and settled in Wal- 
worth county, where he died on the 27th of October, 1866. 

HON. SANFORD PARKER HAMMOND. 

Sanford Parker Hammond's ancestral record is quite 
brief. His father, James Hammond, was born in Provi- 
dence, Rhode Island, in 1769, and died in Cortland, New 
York, in 1822. His mother, whose maiden name was 
Ruth Parker, was born in Tolland county, Connecticut. 
He was born in the town of Ellington, in Talbot county, 
September 9, 1808, enjoyed a common school education 
only, and was always by occupation a farmer. Married, 
February 11, 1838, to Elizabeth lln-:Rs; settled in Johns- 
town Center, Rock county, in 1839; removed to Magnolia 



po iiONs. D. iiarkin; m. t. hawes;jas. p. hayes. 

in the same county some fiv^e years later, where he has 
since resided until recenth', when he removed to Evansville. 
He was elected a member of the Constitutional Conven- 
tion in 1846, from the county of Rock, and served in that 
body on the committee on corporations other than banking 
and municipal. Since the organization of the state, Mr. 
Hammond seems to have generally avoided public life, pre- 
ferring the quiet of the farm to any other occupation. 
Like so many others recorded in this volume, he has lived 
practically and been an eye-witness to the whole growth 
and history of Wisconsin, seeking no personal distinction, 
while discharging everj^ duty as a friend and neighbor 
with kindness and fidelity. Of such men was the pioneer 
stock mainly composed. 

HON. DANIEL HARKIN. 

Daniel IIarkin was a native of Ireland, born in 1799. 
He was elected to the Constitutional Convention from 
Racine (Kenosha) county, in 1846, and was by occupation 
a farmer. He served in that body on the committee on 
schedule for the organization of state government, but took 
no active part in the general proceedings. Some time 
after the convention, he removed to the town of Waldrick, 
in Iowa count}-, where he resided till 1868, when he re- 
mo\ed to Sandyville, Warren county, Iowa, at which place, 
according to latest information, he is still living. 

HON. M. T. ha WES. 

M. T. II AWES was elected to the Constitutional Con- 
vention from Walworth county, in 1846, but no record 
remains of liim except that farming was his profession. 
He did not take his seat during the entire session. Of the 
subsi-cjuent career of I\Ir. II awes little is known. He is 
repoiifd as iiaving died several vears ago. ,• 

HON. JAMi:S p. HAVES. 

The comniiiioe have been unable to obtain anvthing 
like a personal record of I\Ir. Hayes. He was elected at 



HON. LORENZO HAZEN. 9I 

the age of twenty-five years to the first Constitutional 
Convention from La Pointe count}^ a district at tlie time 
isolated from all others by wide stretches of wilderness 
country; and transit to the territorial capital either by the 
Sault Ste Marie or St. Croix route required scarcely less 
than one month. The mileage distance paid for was 600 
miles. Mr. Hayes did not take his seat until twelve days 
after the session had commenced, and hence his name does 
not appear on any of the standing committees, nor does it 
appear that he took any prominent part in the proceedings. 
His social qualities were predominant — a jovial, free- 
hearted son of the forest, who enjoyed fun and frolic better 
than the severe duties of legislative work. He is chiefly 
remembered for these characteristics, and the many friends 
secured while serving as a member, all of whom preserve 
pleasant recollections. He probably left the territor}- soon 
after the adjournment, leaving no trace of his whereabouts 
that can now be found. 

HON. LORENZO IL\ZEN. 

Lorenzo Hazen was born at Copenhagen, Lewis 
county, New York, April 4, 181 7. His ancestors were 
from England, but settled in this countr}' at an early day. 
His o-reat-crreat-urandfather, Edward Hazen, was born 
at Rowley, Massachusetts, in 1660; his great-grandfather, 
Benjamin Hazen, was born at the same place, in 1694; 
his grandfather, Edward Hazen, was born at Groton, 
Massachusetts, in 1737; and his father, John Hazen, was 
born in Swansey, New Hampshire, in 1786. His mother's 
maiden name was Polly Blodgett. 

Our subject, Lorenzo Hazen, received a common 
school education, became a mechanic, and continued to 
reside in Copenhagen, New York, till the fall of 1843, 
when he removed to Wisconsin, and settled at Oaktield, in 
Fond du Lac count}-. In June of tliis year, he was mar- 
ried to Miss Mary Moore. In 1844, he was followed to 



92 



HON. WILLIAM R. HESK. 



Wisconsin by eight brothers, who all became residents of 
the state — Chester Hazen, now of Fond du Lac county, 
being one of them. He was a resident of Oakfield, when, 
in 1846, he was elected as one of the representatives of 
Fond du Lac county, to the first Constitutional Convention. 
In this body he took active part in shaping the organic law 
for state government. He was a member of the commit- 
tee on municipal corporations, and was a man of good 
abilities, practical sense, clear understanding and a culti- 
vated mind. He gave close attention to his duties in the 
convention. 

Mr. Hazen was the first town clerk of Oakfield; has 
served several years as justice of the peace in both the 
cities of Fond du Lac and Ripon. He was in the United 
States service as a master mechanic during the years 1863 
and 1864, and was with the Union army in the south. In 
1865, he removed to Medford, Steele county, Minnesota, 
where he was admitted to the bar, practiced the profession 
of the law for several years, and is now, in 1S80, serving 
his second term as county judge of Steele county in that 
state. 

HON. WILLIAM R. HESK. 

William R. Hesk was a native of England, born in 1795, 
and by profession a farmer. He was elected a member of 
the Constitutional Convention from Waukesha county, in 
1846, in which body he served on the committee on pow- 
ers, duties and restrictions of the legislature, but otherwise 
took no important part in the proceedings. He was a 
gentleman of fair abilities, and quite popular with his asso- 
ciates. In i860, he was elected a member of the assembly, 
but his further record, and what, if an}-, local positions he 
held, are unknown to us. He died at Menomonee Falls, 
some two years ago. 



HONS. FRAXKLIN Z. HICKS — LA FAYETTE HILL. 93 
HON. FRANKLIN Z. HICKS. 

Franklin Z. Hicks was born in the state of New York, 
in the year 1818. He settled in Fairplay, Grant county, 
Wisconsin, at an early date, where he embarked in mining 
as a pursuit. He was elected a member of the first Con- 
stitutional Convention in 1846, from the county of Grant, 
but took no prominent part in the proceedings. His ser- 
vices, were, however, valuable and creditable to both himself 
and his constituents. He was a member of the territorial 
house of representatives in 1842, 1843 and 1844. Subse- 
quent to the time of the convention, Mr. Hicks removed 
to Iowa count}', and represented the northern district of 
that county in the assembly in 1861. Some years ago he 
settled at some point in the state of Iowa, where he still 
resides. He is a man of good character, and is deservedly 
popular wherever known. 

HON. LA FAYETTE HILL. 

John and Cynthia Hill resided at Burlington, Ver- 
mont, at which place their son. La Fayette Hill, was 
born, August 28, 181 2. La Fayette received a common 
school education, and entered upon a general business life 
at the aofe of eiirhteen. He removed to Rochester, New 
York, in 1832, and was married in that city, February 18, 

1835, to Miss Elizabeth French, daughter of Amos H. 
French, Esq. In the fall of 1835, he removed to Chi- 
cago, Illinois, where he remained one year. In the fall of 

1836, he came to jNIilwaukee; in August, 1837, he settled 
in what was then Kentucky City, now Dekorra, Columbia 
county, Wisconsin. He at once became a prominent citi- 
zen in the town, serving as a member of the board of 
supervisors, justice of the peace, post-master, assessor, etc. 

In 1846, Mr. Hill was elected as one of the representa- 
tives from Columbia county, to the Constitutional Conven- 
tion, in which body he served on the committee on the 
preamble. He gave close attention to the business of the 



94 



HON. WILLIAM HOLCOMB. 



convention, was a man of sound practical sense, and ex- 
erted a good influence in shaping the organic law of the 
state. 

Mr. Hill died July 7, 1853. His widow still survives, 
and is now Mrs. Elizabeth Weir, of Portage, Columbia 
county. 

HON. WILLIAM HOLCOMB. 

The committee have been unable, after much diligent 
inquiry, to obtain the family and personal record of Mr. 
HoLcoMB. He was elected a member of the first Consti- 
tutional Convention from St. Croix county in 1846 — his 
district at that time having a larger area than many Amer- 
ican states — extending as it did from old Crawford county 
on the south to the 49th degree of north latitude, embrac- 
ing nearly all of Minnesota east of the Mississippi river, 
and so much of northwest Wisconsin as lies westward of 
the fourth principal meridian north of the La Crosse river 
— a region at that time nearly all embraced under the gen- 
eral name of St. Croix county. Settlements had com- 
menced about the lake as earl}^ as 1840, but the population 
was widely scattered — St. Anthony's Falls and Stillwater 
being about the only points that had achieved names. 
Living at the latter place, the boundaries finally adopted 
for Wisconsin left Mr. Holcomb, with many of our early 
settlers, outside the limits of the state. The trip to Madi- 
son at that time, under the most favorable conditions, prob- 
ably consumed two weeks. Mr. Holcomb did not take 
his seat in the convention until after it had been several 
days in session, for which reason his name does not appear 
upon any of the standing committees. The chief interest 
of his constituency, at that time, was the securing such a 
boundary line in the northwest as would permit the crea- 
tion of a state out of what remained of the territory, with 
commercial ports on Lake Superior and a navigable water 
front on its southeastern border. To this point he ad- 



DR. FRANCIS I lUEBSCI I.MANN. 95 

dressed his main efforts, with the result of securini^ a 
favorable report, and the adoption of a line substantially 
coincident with the one finally established by congress in 
the act of admission. A prominent purpose of the settlers 
on the St. Croix at that time was, the creation of a state 
north of a line drawn from Green Bay to Mountain Island 
on the Mississippi river, w^hich, it was hoped, would em- 
brace all that part of Michigan north of the peninsula, 
leave the basin of the St. Croix centrally located, and thus 
make room for a state fronting the whole south shore of 
Lake Superior; but the proposition did not meet with 
favor. 

On the organization of the state of Minnesota, Mr, 
HoLCOMB was elected its first lieutenant governor. He 
also held the office of either register or recei\'er of the 
land office at Stillwater for many vears. He was a gen- 
tleman of fine culture, large and varied frontier experience, 
and clearly forecasted the future of the two great states 
he assisted in creating. He was a good and noble man, 
ever held in high esteem by all who knew him. He died 
suddenly at Stillwater about the year 1868. 

DR. FRANCIS HUEBSCHMANN. 

Dr. Francis Huebschmann was born in Riethnord- 
hausen, Grand Duch}^ of Weimar, April 19, 1817: was 
educated at the colleges of Erfurt and Weimar, receiving 
his professional education at the University of Jena, from 
whence he graduated March 10, 1841 ; was by profession 
a physician; he came to the United States in 1842, and 
settled at Milwaukee, where he continued to reside until 
the time of his death, which occurred on the 21st da}^ of 
March, 1880; was school commissioner from 1843 to 185 1 ; 
member of the first Constitutional Convention in 1846, and 
served on the committee on sufirage and elective franchise, 
and was a faithful working member. His active mental 
organization, affable and courteous habits and pleasing 



p6 DR. FRANCIS HUEBSCHMANN. 

address, gave him personal popularity among his associates, 
by all of whom he was highly respected. He was the 
especial champion of the provision in the constitution grant- 
ing to foreigners equal rights with Americans. Was presi- 
dential elector for the state-at-large in 184S; member of the 
city council and county supervisor from 1848 to 1867; state 
senator in 1851, 1852 and in 1862, having been elected the 
latter year to fill the vacancy occasioned by the death of 
Hon. Charles Quentin; and was again a member of 
the senate in 1871 and 1872; was superintendent of Indian 
aflairs of the north superintendency, under Franklin 
Pierce, from 1853 to 1857; entered the militar}^ service 
during the rebellion, and was mustered in as surgeon of 
the 26th Wisconsin volunteers, in 1862; was surgeon in 
charge of division at the battle of Chancellorsville ; surgeon 
in charge of ninth army corps at the battle of Gettysburg, 
and with 500 wounded and nine assistants was in the hands 
of the rebels for three days; at the battle of Chattanooga; 
in charge of the corps hospital in Lookout Valley in Janu- 
ary and February, 1864; was brigade surgeon at the front 
at the battles of Dallas, Kenesaw Movmtain and Peach 
Tree Creek, and at Atlanta; was honorably discharged 
October i, 1864. On returning home, was connected with 
the United States General Hospital, at Milwaukee, until 
several months after peace was declared. 

Dr. HuEBscHMANN posscsscd a warm heart, and during 
his long residence of thirty-seven years in Milwaukee, he 
gathered around himself a phalanx of warm friends. He 
was the first German physician in the city; the first presi- 
dent of German democratic association ; the founder of the 
Banner unci Volksfrcund; in a word, he was a man noted 
for steriing honesty of purpose, sincerity, truthfulness, and 
an earnest desire to promote all enterprises for the public 
good, and especially was he zealous in the promotion of 
anything relating to the welfare and progress of his native 
countrymen — the Germans. 



HON. BENJAMIX IIUNKINS HON. GEORGE HYER, 97 

HON. BENJAMIN HUNKINS. 

Benjamin Hunkins was a native of the state of New 
York, born in 1810, and by profession a farmer. He was 
among the earhest settlers in Waukesha county, from 
which he was elected a member of the first Constitutional 
Convention in 1846. Owing to delay in reaching the cap- 
ital until after the session had commenced, he was not 
appointed upon any standing committee, and he took but 
little part in debate. He was in many respects a gentle- 
man of decided force and marked ability — strong of mind, 
clear in judgment, logical in conclusion, and admirably 
fitted to have taken, under favorable surroundings, a prom- 
inent part in public atTairs. Locally he filled many impor- 
tant positions after the state organization; was elected a 
member of assembly in i860. Some years ago, Mr. 
Hunkins removed to the west, and is now living in the 
state of Nebraska. 

HON. GEORGE HYER. 

George Hyer was the eldest son of Frederick and 
Eliza Hyer, and was born at Fort Covington, Franklin 
county, New York, July 16, 18 19. His education was 
hmited to the common schools of that day, and in 1833, he 
commenced his apprenticeship at the printing business, in 
the office of the St. Lawrence Gazette, published at Ogdens- 
burg. Here he became acquainted with Preston King 
and Silas Wright, and from them he imbibed early the 
political principles held hy them at that time. In 1836, 
Mr. Hy}:r came to Wisconsin, to engage in the surveying 
of government lands. He reached Milwaukee on the 4th 
of July in that year. At that time there was no news- 
paper in the then village of Milwaukee, but the Advertiser 
made its appearance on the 14th of Juh', 1836, and Mr. 
Hyer frequently set type for that paper, and contributed 
many articles for its columns. He had much pioneer ex- 

7 



p8 nOX. GEORGE HVER. 

perience in the then wilderness country, and often took 
trips to Green Bay and other points on horse-back. He 
was a sworn mail agent in the spring of 1837, and is re- 
ported to have carried the first mail ever dispatched west 
of Milwaukee, which consisted of a few letters and papers, 
enclosed in an old stage coach wa3'-bill envelope, which he 
deposited in his over-coat pocket. On the 8th of Novem- 
ber, 1838, the Wisconsin Enquirer^ the first paper at Mad- 
ison, was established by J. A. Noon an, and Mr. Hyer 
set the first type upon that paper. In 1841, he became a 
publisher of the paper in connection with the late C. C. 
SiioLEs; but retired from it in February, 1842, to unite 
with Mr. NooNAN in the publication of the Milwaukee 
Courier. From this paper he retired in 1843, and united 
with John P. Sheldon in the publication of the Wisconsin 
Democrat at Madison, which was suspended in March, 
1844. Mr. Hyer at an early day secured a homestead of 
a quarter section of land near Aztalan, which he deemed 
his home, but often went forth to other points to engage 
in his profession as a printer. In 1846, he was elected as 
one of the representatives of the county of Jefferson, in the 
first Constitutional Convention. In that body he was an 
able, cautious and an influential member. He served on 
the committee on the revision and adjustment of the articles 
of the constitution, a position he was admirably qualified to 
fill. In October, 1847, Mr. Hyer became connected with 
the Rock River Pilots established at Watertown, but re- 
mained with it only till the follo^^'ing January ; and soon 
after became connected with the Rock River Times in the 
same place, a paper that was only published a few months. 
About this time he was mariied to Miss Catherine 
Key]-:s, daughter of Capt. Joseph Keyes, who died in 
1863. lie was married a second time, 1867, to Miss R. 
II. Fernandez, at Madison. 

In July, 1848, Mr. Hyer issued the first number of the 
Waukesha Democrat^ which he conducted for about three 



HON. GEORGE HYER. 99 

yeai-s. In the fall of 1850, he was elected from Waukesha 
county to a seat in the state senate, in which body he 
served with credit to himself and usefulness to his district 
and to the state. In December, 185 1, in connection with 
DXniel Shaw, Mr. Hyer became conductor of the Com- 
mercial Advertiser^ in Milwaukee. He retired from the 
position in 1854, '^"'^ ^^^ paper was changed into the JSFczus. 
In July, 1855, Mr. Hyer was appointed, by President 
Buchanan, register of the land office at Superior, which 
position he relinquished in the fall of 1856, and once more 
returned to his quiet farm-home on Rock River. He 
next became connected with newspaper Hfe in 1859, '^^ ^"^ 
of the conductors of the Madison Patriot. He repre- 
sented the capital district in the assembly in 1863. In 
consequence of failing health, in the spring of 1864, he 
again relinquished his favorite calling, and took an over- 
land journey to the Pacific, returning in 1865, with vastly 
improved health and strength. In October, 1865, in con- 
nection with D. W. Fernandez, he established the Madi- 
son Dci)!oc?-at, with which paper he remained till February, 
1867, when he purchased a farm in Illinois, near Beloit. 
Here he remained but a short time, when, in October, 
1867, he became connected with the Oshkosh Times^ and 
with that paper he remained till his death, which occurred 
on the 20th of April, 1872, after a long and painful illness. 
We have thus traced to the end, the prominent points in 
the life of this old pioneer to the state, and a man who 
possessed many superior qualities of head and heart. His 
career was somewhat varied, being the result of feeble 
health. He was wedded to his chosen profession, the art 
of printing, and took a deep interest in everything pertain- 
ing to the Art Preservative. He was a general favorite 
with printers, and was one of the most prominent and 
active members of the State Editorial Association. His 
remains were deposited in Forest Hill cemetery, INIadison, 
under the auspices of the Masonic fraternit}-, with which 



rOO HON. NATHANIEL F. IIVER. 

order he was an honored and leading member. He was 
an able man, and an honor to his raee. 

HON. NATHANIEL F. HYER. 

The ancestral record of Mr. Hyer, as far as known, is 
as follows: His grandfather, Walter Hyer, was a native 
of Connecticut, where his father, David Roscoe Hyer, was 
also born, and died at Antwerp, New York, in 1824. He 
married Sally Smith, of Putney, Vermont. The family 
removed to Ogdensburg, New York, and subsequently re- 
turned to Vermont, where his son, Nathaniel, w^as born, 
in the town of Arlington, Bennington county, March 2, 
1807. He received an academic education, learned land 
SLirveving, but chose the law as a profession, and was ad- 
milted to the bar as an attorney at law. 

He located in Milwaukee, Wisconsin, May 5, 1836, 
where he was soon employed in surveys, laying out roads, 
as a magistrate, and other labors incident to new settle- 
ments. December 2, 1840, he married Frances E. Clapp, 
daughter of Caleb and Nancy Clapp, recent emigrants 
from Vermont. The after career and wanderings of Mr. 
Hyer are thus stated by himself: 

It was in the year 1836, that Nathaniel Fisher Hyer 
left a flourishing law business at Massena, New York, and 
came to the then wilds of Wisconsin. He was literal!}' a 
pioneer. Perceiving the rich undeveloped resources of the 
country, lie induced many to emigrate to "the land of prom- 
ise." On account of ill-health, he was unable to put his hand 
to the plow, which perhaps gave leisure to discern some pe- 
culiar characteristics of the country which those who must 
draw sustenance for themselves and faiuilies from the vir- 
gin soil had not time for. An extensive correspondence 
enabled liim to give knowledge of this Eldorado to numer- 
ous friL'iids and relatives, who, emigrating, have enriched 
lliemselves, many of whom now, more than fort}' years 
afterwards, lender him thanks for giving them the oppor- 



HON. NATHANIEL F. HYER. lOI 

tunity; and the present prosperity of its cities, villag-es and 
country homesteads, has proven that he was correct in his 
estimation of the hidden resources of Wisconsin. 

Mr. rivER has had to contend through Ufe, thus far, 
with physical disease. Unable to be contined in a lawyer's 
office as constantly as that profession demanded, he re- 
sorted to the more active outdoor employment of sur\'ey- 
mg, in which he had become a proficient when quite 
young. His first sojourn in the state was in Milwaukee, 
which, at that early day, was a city in embryo. Its site, 
so peculiarly favorable to commerce, had been noted; and 
the good things hoped for, when the extensive farming 
country by which it is surrounded should be opened, was 
being made apparent to the rapidly arriving emigrants. 
At that time, nearly the first thought of settlers of a new 
country was the establishment of 'the peculiar religious 
sect to which they belonged. Among the first mo\ements 
of organized efTort was a call for a meeting of the whole for 
this purpose, over which Deacon S. Hinman was called to 
preside, and N. F. Hyer acted as secretary. During his 
stay in Milwaukee, he was chosen probate judge. The rest- 
less spirit of adventure, however, which had caused him 
to leave his eastern home, could not be restrained within 
the narrow limits of the place of his first landing in Wis- 
consin; albeit, with prophetic eye, he discerned its capabil- 
ities to become a great commercial cit}-. His nephew, 
Ja:mes Brayton, accompanied him upon an exploring ex- 
pedition. They followed an hidian trail west fift\' miles, 
at which point he was induced to stop, on account of some 
curious ancient remains of which he had heard. These 
appeared to him to have been the work of the ancient 
Aztecs — long a forgotten race. The place seemed suit- 
able for the site of a town, which was then and there com- 
menced, and was by him named Aztalan. He committed 
the result of his investigation of these curious remains to 
writing, and it was published in the public prints of the 



102 HON. NATHANIEL F. HYER. 

da}- quite universally, abstracts of which were afterwards 
copied into Silliniaii's Jojirnal. Aztalan soon assumed 
the appearance of a hamlet, and simultaneously, the sur- 
rounding country was dotted with the rude homes of emi- 
grants, preparatory to the rich homesteads which now 
beautify the land. 

In 1840, he married Frances E. Clapp, who, with her 
widowed mother, brothers and sisters, had emigrated from 
Vermont, his native state. He built a frame house at 
Aztalan, which was among the first dwellings that had ad- 
vanced beyond the unhewn logs. After a short residence 
at Madison, he returned to Jefferson county; built one of 
the first houses erected at Lake Mills. Here he was un- 
able long to remain, on account of the malady with which 
he was afflicted demanding a more genial climate. He 
went to St. Louis, Missouri, in 1843, where he served in 
the surveyor general's ofiice two years; returned to Wis- 
consin, opened a farm at Dunkirk, Dane county, building 
there a residence, and establishing a post-olfice. From 
this ]ilace he was chosen to represent Dane county in the 
Constitutional Convention, in which he served as a mem- 
ber of the committee on internal improvements. In 1847, he 
was appointed to complete the location of university lands, 
which he accomplished. But again the chill winds of Wis- 
consin winters urged him south. He returned to St. Louis 
in 1849. The following 3'ear he opened a surveyor's office, 
and, holding the office of county surveyor, carried on an 
extensive business for seven vears. His health demandino- 
a yet more genial clime, in 1856, he removed to San An- 
tonio, Texas; pursuing his profession of surveying. Sick- 
ness, very severe, prostrated him ; for more than six months 
he was entirely unable to do business. His attending phy- 
sician recommended sea bathing. In 1857, he went to 
Pensacola, Florida, receiving great benefit from the sea 
bath. On jxn-tial recovery, he was employed as civil 
engineer in making surveys of the swamp lands in Louis- 



HON. NATHANIEL F. IIYER. IO3 

iana, after which he became a permanent resident of that 
state, doing business during many years in New Orleans, 
sometimes residing there, and sometimes in the adjacent 
parish of Tangipahoe. 

The home of a southerner is not so local as in a colder 
clime ; Mr. Hyer had adopted the fashion of the country, 
and with his family was domesticated in the country, sixty 
miles from New Orleans, a portion of the year. When the 
war broke out, and New Orleans was taken from tlie rebels 
by the federal army, and the railroad destroyed, wliich had 
been his weekly conveyance to and from his country home, 
he found himself outside the lines of the federal arm}', and in 
a very tight place. To get to the city was impossible, and 
equally so to keep provided with food and raiment. It 
was only the friendly care of well-known personal friends 
among the rebel residents of the country that prevented 
his being murdered, so mad with war, and drunk with 
blood \vere those rebel soldiers. His knowledge of the 
country rendered him a dangerous person should he hold 
communication with the federal officers, and his stubborn 
patriotism was too apparent to hope for his joining the 
enemies of the Union. The hair-breadth escapes of him- 
self and family, and the difficulties encountered in getting 
to New Orleans were of months' duration. A detail of 
these would border on the romantic. Necessarily this 
forced movement was attended with loss of property. 
After many hair-breadth escapes, he arrived in New Or- 
leans with his family in October, 1862. In the absence of the 
regular official, he was by him appointed assistant engineer 
and placed in charge of the offices in the city. He re- 
mained attached to that department until the close of the war, 
after which he was appointed a collector of United States 
direct land tax, and after this a register of voters, which 
position he retained during two terms of registration under 
United States laws. Afterwards, he was engaged in the 
land office; subsequently in the auditors office. His failing 



I04 HON. ISRAEL IN.MAN — HON. THOMAS JAMES. 

health induced him to try permanent residence in the country 
at Amite, seventy-live miles north of New Orleans. He was 
appointed parish surveyor, also parish treasurer and justice 
of the peace. But failing health not permitting him to 
fulhll the duties of these offices, he was induced to return 
to Wisconsin for a time. In May, 1877, he, with his 
familv, reached Madison, Wisconsin. The changes which 
the long 3-ears of his absence had wrought in that beautiful 
city, while it confirmed the truth of his early impressions 
of what might be, had renewed the home feeling of thirty 
years before. The same applied to other cities and towns 
which he visited. 

There is an ancient proverb extant in Louisiana which 
affirms that a residence of more than one year within her 
flowery borders compels those who seek home elsewhere 
to return, or to drag out the remainder of earthly life 
darkened with homesickness. The proverb may possibly 
become true in his case. 

At latest accounts, Mr. Hyer was still living at Fort 
Atkinson, Jefferson county. 

HON. ISRAEL INMAN. 

Israel Inman was a Pennsylvanian, born in 181 5, a 
farmer by occupation, and elected to the Constitutional 
Convention of 1846, from Rock county. He served in that 
body on the committee on the powers, duties and restric- 
tions of the legislature. His after career is not known. 
He died several years ago. 

HON. THOMAS JAMES. 

The ancestry of Thomas James on both sides of both 
father and mother, was of Virginia origin, but the famil}' 
at a \ery early day emigrated to Kentucky, and by subse- 
quent marriages became intimately related to the Buckner 
and Garni:t families of that state. He was born in Bar- 
ren county, August 30, 1815, received a common school 



HON. Tiio:\rAs james. 105 

education, was by general profession a farmer, but much 
of his life has been passed in a judicial capacity — he hav- 
ing held the office of justice of the peace, with three years' 
exception, since 1843 — or for a period of thirty-three years. 
He located in Shullsburg in 1834, and has ever since re- 
sided there. June 3, 1839, ^^ "^^''^^ married to Catherine 
Meade, of Dubuque, Iowa. 

In 1846, he was elected a member of the Constitutional 
Convention from the county of Iowa, and served in that 
body on the committee on the organization and officers of 
counties and towns, and their powers and duties. His 
labors, while not espcially prominent, were both useful and 
honorable, and in all senses creditable to himself and con- 
stituents. Since the state organization, except the position 
of justice, he has held no other office. 

Among pioneer experiences, we Vecord a single inci- 
dent, as showing the somewhat peculiar law practice of the 
period, and magnanimity of rivals, who did not long allow 
a personal difliculty to sever the ties of friendship. A 
short time previous to the election of members to the con- 
vention, in the trial of a suit, his opponent for the candi- 
dacy, as an attorney, took occasion to indulge in a continu- 
ous tirade of abuse against the court, by gross insinuations 
of misconduct, nominally directed at the opposing counsel, 
but really to excite public prejudice for his own political 
benelit. At the close of the trial, this was continued, when, 
forbearance having ceased to be a virtue, his honor, striking 
out from the shoulder, planted a blow that knocked the 
traducer down. No weapons were drawn, as was then 
much the practice, and for a while the matter rested. 
Shortly after, the canvass came on, when Mr. James pro- 
posed that they stump the county together, so that, as he 
was not given to speaking, he might " throw in an occa- 
sional broadside." "No," was the reply, "not if you 
throw in such broadsides as you did in your otlice the 
other day." After this the otiender continued to practice 



I06 HONS. EDWARD H. JANSSEN — THOMAS JENKINS. 

in court with uniform courtesy and good nature, and when- 
ever he saw any other lawyer venturing upon an offensive 
line of conduct he warned him that the court, when too 
hard pushed, might render hard handed decisions in no 
way conduci\'e to personal comfort. It is worthy of note, 
and highly creditable to the abilities of the justice, that in 
so long a career of judicial administration, covering all 
classes of cases, in every appeal taken to either circuit or 
supreme court, his decisions were in all cases sustained. 
Few justices, indeed, can boast of such a record. 

HON. EDWARD H. JANSSEN. 

Edward H. Janssen was a native of Germany, born in 
1816, elected to the first Constitutional Convention from 
JNIequon, Washington county, and by profession a farmer. 
He was among the earliest settlers of the county. He served 
in the convention of 1846 on the committee on eminent 
domain and property of the state. In 1852, he was elected 
state treasurer, and, through the misconduct of his assistant, 
became involved in much trouble. Having known him 
intimately for many 3ears, we desire to record the convic- 
tion that he was personally a man of strict honesty, and 
most upright intentions — a gentleman of unusual intelli- 
gence, kind and noble impulses, and honorable ambition 
and aims. Owing to long protracted sickness in his family, 
and other causes, he was unable to attend in person to the 
duties of the office, the affairs of which fell into confusion, 
and were the cause of great popular indignation. lie died 
a few years since, greatly loved and respected by all his 
neighbors and friends. 

HON. THOMAS JENKINS. 

The ancestral record of Mr. Jenkins is unknown, beyond 
that of his parents, who were born in North Carolina — 
the father being of English and the mother of Irish descent. 
He was born in South Carolina in March, 1801 ; enjoyed a 



HON. STODDARD JUDD. * IO7 

common school education, and was a farmer by general 
occupation. After a residence of some years in the states 
of Alabama and Missouri, he settled in Dodgeville, in the 
territory of what is now Wisconsin, in 1827. He was mar- 
ried to Minerva Young, in 1833. Previous to his election 
as a member of the Constitutional Convention in 1846, he 
had been twice elected to the territorial legislature. In 
1832, he served in the Black Hawk war under General 
Henry Dodge, and was wounded in the battle of Peca- 
tonica. In 1849, the family removed to California, remain- 
ing there until 1864, when, accompanied by two sons, he 
removed to New Mexico. His wife died in 1850, in Cali- 
fornia. He died in 1866. 

As a member of the convention he served on the com- 
mittee on the powers, duties and restrictions of the legisla- 
ture. The part he took in the proceedings was not prom- 
inent; but he was a man of strong practical sense, solid 
intellectual acquirements, sterling honesty, and in all senses 
a safe and valuable representative, who honored every 
position he was called upon to fill. 

HON. STODDARD JUDD. 

Stoddard Judd was born in the town of Sharon, in. the 
state of Connecticut, Ma}^ 18, 1797. He graduated at the 
Alban}^ Medical College, and received a diploma from the 
medical society of Dutchess count}-, New York, in 1819. 
Pie practiced his profession in that county until 1841, when 
he came to Wisconsin, and was appointed by President 
Harrison to the office of receiver of the Green Bay land 
district, in which capacity he served, and resided in Green 
Bay until 1845. 

In the years 1829, 1835 ^^^ ^^S*^) ^"'^ "^'^'''^s a member of 
the legislature of tlie state of New York. He was a 
member, in 1846 and 1847-8, of the first and second Con- 
stitutional Conventions of Wisconsin. He served in the 
first as chairman of the committee on finance, taxation and 



I08 HON. CHAUNCEY KELLOGG. 

public debt, and in the second on several select committees, 
covering numerous matters of importance, and took an 
active part in the proceedings of both bodies. He also 
represented, in i860, the assembly district, and in 1866 and 
1867 the senatorial district, in which his residence was 
included. He was one of the pioneers in the settlement of 
Fox Lake, moving there from Green Bay in 1845, contin- 
uing to reside there until his decease, March 2, 1873. 

Dr. JuDD took a prominent part in the organization of 
the railroad system of the state, and was one of the first 
directors, and for several 3'ears president, of the La 
Crosse and Milwaukee Railroad Company. He was dur- 
ing many years an active member of the order of Odd 
Felloxv^s. In 1859, he became Grand Master of the Grand 
Lodge of the state. In 1863, he was elected Grand Rep- 
resentative of the Grand Lodge of the state for two years, 
and in 1869, Grand Representative for two years of the 
Wisconsin Grand Encampment in the Grand Lodge of the 
United States. 

Dr. JuDD was married, Januar}^ 9, 1822, to Elizabeth 
E.MUGH, of Dutchess county, New York. His wife, one 
son and four daughters survive him. 

Dr. JuDD was a man of decided abilitv, and possessed 
great energy of character. He was prominent in both 
Constitutional Conventions as a speaker, taking a leading 
part in many of the debates in those bodies. In the fram- 
ing of the organic law of the state, he performed his full 
share of the work, and was in all respects a useful member 
of the convention. He was ever a valued member of 
society, honored and respected b}^ the people who knew 
him. 

HON. CHAUNCEY KELLOGG. 

K]=:l:\iot Kellogg, the father of the subject of this 
sketch, was a soldier in the revolutionary war. • Chauncey 
Kellogc; was born in Goshen, Litchfield county, Connec- 
ticut, April 23, 1790. He received a common school edu- 



HON". CHAUN'CEY KELLOGG. IO9 

cation, and became a carpenter and joiner, which trade he 
followed until his settlement in Wisconsin in 1837, since 
which time he has devoted his attention to agricultural 
pursuits. He was married in Goshen, Connecticut, Sep- 
tember 23, 181 2, to Helen Howe, with whom he lived a 
little over sixty-seven years. She died, February i, 1880. 
In 1814, he settled in Smithlield, Pennsylvania, where he 
cast his first presidential vote for James Monroe in 1816. 
In 1823, he removed to Cortlandville, New York; and in 
1837, settled in Racine county, Wisconsin. In 1853, he 
removed to Winnebago county, and since that time has 
divided his time between Appleton, Fort Atkinson and 
Neenah. He writes, that he "was captain in Pennsylvania 
militia; commissioner of deeds and notary public in New 
York; and was coroner and justice of the peace in Racine 
countv; was once nominated by the democrats for mayor 
of Appleton, but got badly zuliipped! " 

In 1846, he was elected a member of the first Constitu- 
tional Convention from the county of Racine, and served 
in that body on the committee on finance, taxation and 
public debt. Otherwise, his services were not specially 
prominent. He was comparativclv an old^uan (56) at the 
time the convention met, and he still survives, in the ninety- 
first year of his age. In a career of usefulness, in all rela- 
tions of life, novv' verging towards a centur}^ Mr. Kellogg 
has ever enjoyed the respect and esteem of all who knew 
him. 

In a note bearing date April 23, 1880, Mr. Kellogg 
gives some particulars in regard to his business operations, 
and then refers to his first settlement in Wisconsin in so 
pleasant a manner that we give it in his own words. He 
writes: "I first came to Wisconsin in the spring of 1836; 
spent the summer, and voted for Charles Durkee for 
delegate to congress, at the first election held in the terri- 
tory. In 1837, moved my family in emigrant wagons, that 
being the common wa}' of moving then; the same spring 



no IIONS. CHARLES J. KERN — ASA KINNEY. 

m}' father and mother, m}' wife's father and rnother, two 
of my brothers, and two of my wife's brothers, with their 
families, came to Wisconsin, and most all of them settled 
near me, about ten miles from Racine, at a place that was 
called Kellogg's Corners, and afterwards was named S}'!- 
vania. Seventeen of this company were members of the 
Methodist Episcopal church. I brought with me twelve 
children, all of whom lived to years of maturity, and be- 
came members of the church of their fathers. Soon after, 
my brother-in-law. Rev. Julius Field, wdth his family, 
moved to the same place; he w^as one of the first mission- 
aries in the territory. We soon built one of the first, if not 
the first finished church in Wisconsin. It was dedicated in 
1840. I am to-day (April 23, 1880) ninety years old. I 
have voted for every democratic candidate for president 
since 1816; hope to cast a vote for one more successful 
democratic candidate. I am so blind I cannot read a word, 
and so deaf I cannot hear but very little; am living with 
my daughter, Mrs. Ladd; she does my reading and writ- 
ing for me. I expect soon to join the half of my family 
that have already passed to the other shore." 

HON. CHARLES J. KERN. 

Charles J. Kern was a native of Prussia, born in 
1805, and by'profession a farmer. He w^as elected to the 
first Constitutional Convention from Washington county, 
and served in that body on the committee on corporations 
other than banking and municipal. He was a gentleman 
of ability, and much respected "by his associates. In 1859, 
he was a member of the state assembly. He died many 
years ago; the date is unknown. 

HON. ASA KINNEY. 

The parents of Mr. Kinney were Abel Kinney and 
Frici-love Kinney, of Homer, Cortland county, New 
York, their place of nativity being New London, Connecti- 



HON. ASA KINNEY. Ill 

cut. Thc}^ were among the early settlers of Corlland 
countv, and the father was a man of prominence and in- 
fluence. His grandparents were of revolutionary stock, 
having served their country in the struggle for liberty. 

Asa Kinney was the fourth son of the family, and was 
born at Homer, Cortland county, Nev/ York, May 21, 
1810. He received a good common school education, de- 
riving great benefit from a town library, and from a debat- 
ing club, in which he was an active member. He resided 
in Homer, New York, in Preston Cit}^, Connecdcut, and 
in Cattaraugus county, New York, previous to his coming 
west. He landed in Milwaukee, July 3, 1836, and settled 
at Oak Creek, on the fifth of the same month. Here he 
engaged in the occupation of farming. Before coming 
west, he had held several town offices in New York, and 
had been promoted to be lieutenant-colonel of a regiment 
in that state. He was appointed by Gov. Dodge, one of 
the first justices of the peace in Milwaukee count}^ He 
was a member of the last territorial legislature, and held 
several town offices in Oak Creek. He was elected as one 
of the representatives from Milwaukee county to the Con- 
stitutional Convention of 1846, and served on the commit- 
tee on the organization and officers of counties and towns, 
and their powers and duties. He was a hard working 
member, and performed a large amount of labor in this 
bodv. He w'as not noted for speech making, but for good 
solid sense and great vigilance in the discharge of his 
duties. He served in the state senate in 1848 and 1849. 
In 1852, he went to California, and was a member of the 
legislature of that state in 1853 and 1854. ^^^ came within 
one vote of being elected speaker of the assembly. 

Returning to Wisconsin, Mr. KinneY settled in Brook- 
lyn, Green Lake county. He was sergeant-at-arms of the 
state senate in 1859 ^"^ i860. He then located at Ripon, 
and was a member of the council in that city in 1867, and 
was two years street commissioner in the same city. Some 



112 HON. ASA KINNEY. 

ten or twelve years ago, he settled in Russell City, Kansas, 
where he has served as city clerk, police judge, clerk of 
the district court, and eight years justice of the peace, and 
is still acting in that capacity. He was appointed in 1858, 
bv Gov. Randall, colonel of the militia of Wisconsin. 

Mr. Kinney, in 1861, enlisted as a private in the Ripon 
Rifles, and was mustered into the fourth regiment of in- 
fantry, commanded by Colonel H. E. Paine. He was 
appointed quartermaster's sergeant. In December, he was 
discharged on account of ill-health. He was afterwards 
commissioned as first lieutenant and quartermaster in the 
first Wisconsin cavalry, and joined the regiment at East- 
port, Mississippi, and remained with it till the close of the 
war. After the war, Mr. Kinney acted as a land and in- 
surance agent for several years. For some time he w^as 
a director and agent of the Madison Mutual Insurance 
Company. 

Mr. Kinney has been married four times. September 
15, 1830, to Miss Diana Spicer, of Preston City, Con- 
necticut; she died May 2, 1834. January 15, 1835, ^^ 
Miss LucRii:TiA Grinnell, of Rutledge, New York; she 
died September 21, 1836, at Oak Creek. March 15, 1837, 
to Miss Celia Ann Rawson, of Oak Creek. November 
15, 1878, to Mrs. R. C. Wilson, of Albia, Iowa. 

Thus, it is shown that the life of Mr. Kinney has been 
one of unusual activity, mixed with a wonderful variety of 
experiences. He has held a large number of civil offices; 
served in the war; crossed the plains to the land of gold; 
has traveled through the Central American states and 
Mexico. In a letter, he sa3-s: " It would be hardly possible 
for me to give the experience in pioneer life since the Con- 
stitutional Convention." From the record given above, 
the reader will imagine the experience has been very great 
and full of interest. lie is a man of pleasing address, 
fluent in conversation, and intelligent on an immense vari- 
ety of subjects. At the age of seventy, he is in the enjoy- 



HOXS. JOSEPH KINXIE, JR. — FRED'K S. EOVELL. II3 

ment of good health, witli a fair prospect of ha.ing yet in 
store several 3'ears of usefulness to the world. 

HON. JOSEPH KINNIE, JR. 

The ancestors of Mr. Kinnie were from Scotland, and 
came to this country at an earl}' day in its history, and 
settled in Massachusetts. Joseph Kinnie, Jr., was horn 
in Mount Holly, Rutland county, Vermont. January 29, 
1799. He received a common school education, and 
adopted farming as an occupation. He resided in his 
native county till 1817; in Genesee county, New York, 
till 1821; in Cattaraugus county, same state, till 1833; in 
Cuyahoga county, Ohio, till 1838, when he came to Wis- 
consin, and settled in the county of Racine; remained tliere 
till 1842, when he removed to Rock county; and from 
that county, in 1864, he removed to POpin count v; in 1874, 
he went to LeRoy, Boone count}-, Illinois, at which place 
he died May 5, 1875. He was married at China, Genesee 
county, New York, May 24, 1820, to Roxania Wilson. 

Mr. Kinnie was justice of the peace and post-master 
five years at Machia, Cattaraugus county. New York; 
j'ustice of the peace seventeen consecutive years in Avon, 
Rock county, Wisconsin ; and was a member of the assem- 
bly from that county in 185 1. 

In 1846, Mr. Kinnie was elected as one of the represent- 
atives from the county of Rock, in the Constitutional 
Convention. He did not take his seat till the twenty-sec- 
ond day of the session, which prevented his assignment to 
any of the standing committees. He was a man of fair 
talent, and was generally respected by his associates. 

HON. FREDERICK S. LOVELL. 

Frederick S. Lovell was born at Rockingham, Ver- 
mont, November i, 1815. He received earlv and good 
educational advantages, and graduated from Gene\'a Col- 
lege in August, 1835. Soon after this, he entered upon the 



11^ HON. FREDERICK S. LOVELL. 

Study of the law, in the office with ex-Gov. Hubbard, of 
New Hampshire, and afterwards with Judge S. K. Strong, 
of New York. On being admitted to the bar, he, in Sep- 
tember, 1837, settled in Kenosha (then Southport), Wiscon- 
sin, which place was his home the remainder of his life. 
He at once entered the practice of the law, and, being a 
man of superior mind, very soon became prominent as a 
lawyer. 

Exhibiting fine talent, he was soon called to public life. 
In 1847, we find him a leading member of the territorial 
council, in w'hich position he served three sessions with 
abilit}', and until the state government was inaugurated. 
He was a leading member from Racine county (then em- 
bracing Kenosha), in both the Constitutional Conventions — 
the one in 1846, the other in 1847. In the first convention 
he served as chairman of the committee on executive, legis- 
lative, and administrative provisions; and in the second, 
chairman of committee on amendments. He was an able 
and influential member of the conventions; a good, but not 
a frequent speaker. In 1857, Mr. Lovell was a member 
of the assembly, and w'as elected speaker ^r^ tciu.; and in 
1858, he was again returned to that body, and was chosen 
as its speaker. He discharged the duties of this position 
with signal ability, and to the complete satisfaction of the 
assembly. Colonel Lovell was appointed, in 1857, in 
connection with Hon. David Taylor, now supreme judge, 
and Hon. S. J. Todd, of Beloit, as revisers of the statutes. 
The result of the labors of this commission, was the volume 
of revised statutes of 1858, w^hich has been superseded by 
the revised statutes of 1878. The superintendence of the 
printing of this volume of statutes was confided to Col. 
LovKLL. In all the high civil positions held bv him, he 
discharged the duties with ability, honesty and faithfulness 
to the interests of the state. 

In August, 1862, Mr. Lovell was commissioned as 
lieutenant-colonel of the thirty-third regiment of Wisconsin 



HON. FREDERICK S. LOVELL. II5 

infantry, in which position he served until January, 1865. 
when he was made colonel of the forty-sixth regiment, and 
was mustered out September 27th, of that year. The 
thirty-third regiment left their camp in this state on the 
1 2th of November, 1862, and reported for service at Cairo. 
It performed excellent service, and Col. J, B. Moore, being- 
placed in command of a brigade, Lieut. Col. Loveei. was 
in command of the regiment most of the time. He was a 
gallant ofllcer, highly respected by both superiors and sub- 
ordinates. His military career was a useful and successful 
one. He was a thorough disciplinarian, and a noble patriot 
and gallant soldier. 

At the close of the war. Col. Lovell returned to Keno- 
sha, where he had since resided, and we believe had held 
no public office. In early life. Col. Lovell was a demo- 
crat; but in the general breaking up of parties in 1854, ^"'^ 
united his political fortunes with the republican party, and 
for several 3'ears was an active working member in it. 
Socially, Col. Lovell was agreeable and pleasant; fluent 
in conversation, and clear in expressing his ideas on all sub- 
jects. He was also a good speaker in public places — 
convincing: and stroncf in artrument. His health had been 
failing for some years. At the reunion of the members of 
the Constitutional Conventions in February, 1878, he was 
reported too feeble to be present. He died May 14, 1878, 
in the sixty-third year of his age. We cannot do better, 
in closing this brief notice of this distinguished old pioneer 
to Wisconsin, than to clip the last paragraph of a notice 
from the Kenosha Union, a paper printed at the home of 
Col. Lovell. The Union said : 

" Our deceased friend had many virtues — some faults — as who has 
not? He was generous to a fault, and lived and toiled for others instead 
of himself. He came to Kenosha when a young man, and spent all his 
life here. He came poor, and leaves the world poor. No human being 
can be found to say that Col. Lovell ever wronged him. As these lines 
are read, there will be many who will remember with sympathy the 
many acts of kindness of the departed, his social qualities, and, above 
all, his brilliant intellect." 



1 16 IIOXS. MADDKX — M AGOXE — MANAHAN. 

IIOX. WILLIAM J. MADDEX. 

The place of nativity and date of birth of William J. 
Maddex are not of record. He was elected to the tirst 
Constitutional Convention from Elk Grove, Iowa count}^ 
in 1846, but took no prominent part in the proceedings, 
although recognized by his associates as among the clearest 
minded and most A-aluable of the members. He was by 
profession a farmer. Of his after career, no information 
has reached the committee, but it is understood that he died 
several 3'ears ago. 

IIOX. JAjMES magoxe. 

No available information has been within reach, as to 
the life and career of Mr. MaGoxe. He was elected to 
the Constitutional Convention of 1846, from Milwaukee 
count V, where he recorded his nati\'ity as from New York, 
and his profession that of ship builder. He w^as, at the 
time, aged thirty-eight years. Not reaching the capital 
until some days after the session had begun, his name does 
not appear on any of the standing committees. The jour- 
nal, however, shows the introduction of many important 
measures, several of quite a novel nature, in his name. 
After the close of the session, no trace of him remains, 
other than that he enlisted as a soldier during the Mexican 
war, and soon after died, probabl}' about 1847. 

IIOX. JOIIX II. maxaiian. 

The parents of the subject of this sketch, were both from 
Ireland. The father, Patrick Manahan, was born at 
Athlone, Ireland, and the mother in Connaught. Thev set- 
Ik-d in New York city, in 1801. Thomas Addis Emmett 
and 1). M».Xi:\iN. were passengers on the same vessel 
with Mr. and Mrs. Maxaiiax, when they came to America. 
Tlu- father was a patriot, and fought against the British at 
the bank- of Killala, in Ireland, in 1798. He also fought 
at l)lack Rock, near Ijullalo, in 181 2, in the Irish Greens. 



HON. JOHN H. MANAHAN. II7 

He died in Albany, in 1835. John IL Manahan was born 
in New York city, March 29, 181 1. He received a com- 
mon school education, and became a tanner and currier; 
his general occupation in life has been that of a merchant. 
He was married in Newark, New Jersey, in May, 1835, to 
Elizabeth Lowrey. Previous to coming to Wisconsin, 
he resided in New York, and Newark, New Jersey. In 
Wisconsin, he resided at Prairie du Chien and Beaver 
Dam; and at the present time (1880), he resides at 244 
East I nth street, Harlem, New York. 

Mr. Manahan came to Wisconsin in 1837, and settled 
at Prairie du Chien; removed to Beaver Dam in 1843 or 
1844. In 1841, he was elected commissioner for Crawford 
county. Was a member of the territorial house of repre- 
sentatives, in 1842, under Gov. Dotv, known as the bogus 
session; was appointed postmaster at Beaver Dam, in 1844, 
and resigned in 1850. In 1846, he was elected as a mem- 
ber of the first Constitutional Convention from the county 
of Dodge, and served in that body on the committee on 
suffrage and the elective franchise. He was distinguished 
by a modest and retiring demeanor, high cultivation, and 
keen logical and analytical powers of mind; and was, in 
all senses, a valuable and useful member. 

In relation to the military record of Mr. Manahan, that 
gentleman writes that he has " none, except aiding Colonel 
McKiNNEY, second dragoons, for a few days, driving In- 
dians out of Dodge county, under orders from Gov. Dodge, 
dated January 7, 1848, the authority for which I hold in 
my possession." In a note to the writer, dated April, 1880, 
Mr. Manahan gives an incident of life in Wisconsin, thus: 
" In going from Madison to Beaver Dam, I tra\-eled thirty- 
five miles between settlements; crossed Sun Prairie, by 
compass, on trail; built the first frame house in Beaver 
Dam; opened the first store and post ofiice in that place; 
organized the first school district; and, I think, I drove the 
first span of horses in the county of Dodge." 



llS HON. MOSES MEEKER. 



HON. MOSES MEEKER. 



Moses Meeker was a native of New Jerse}', born in 
1790. He received an academic education in his native 
state; and, in 1817, settled in Cincinnati, Ohio, where he 
engai,red in the manufacture of white lead. In 1822, he 
had occasion to visit St. Louis, and there received informa- 
tion that an expedition was being fitted up, to go to the 
lead mines on Fever river, where Galena is now located. 
He became interested in this expedition, and closed out his 
business in Cincinnati, that he might join it in person. At 
that time the journey from Cincinnati to the Indian village 
(now Galena) was long, trying and dangerous, as Indians 
were numerous all along the route, and the rivers were 
without bridges; but that place was reached by Mr. 
Meeker and Col. Cole on the 12th of November, 1822. 
Then there were only about thirty persons at that point. 
After a careful exploration of the region, Mr. Meeker 
determined to engage in mining operations. He then re- 
turned to Cincinnati on horse back, and entered into a 
correspondence with John C. Calhoux, then secretary of 
war, giving him his opinion of the lead mines, and made 
suggestions as to the proper method of working them. 
This correspondence, being submitted to President Mox- 
ROE, resulted in the issuance of an order, permitting Mr. 
Meeker to build furnaces, make other improvements, and 
operate the mines. Mr. Meeker, still in Cincinnati, pur- 
chased a substantial keel boat, enlisted several families in 
the city (forty-three persons in all), and on the 5th of April, 
1823, started for the lead regions by way of the Ohio and 
Mississippi rivers, and arrived at Galena, June i, 1823. 
He at once commenced the building of furnaces, and in 
August of that year, a census was taken, showing the 
l-)(jpulation of Galena to be seventy-four whites and five 
hundred Indians. The furnaces were completed in the 
spring of 1824, and the product of smelted ore during the 



HON. MOSES MEEKER. II9 

first year was four hundred and twenty-five thousand 
pounds. His efforts were attended with remarkable suc- 
cess until the breaking out of the Black Hawk war, in 
1832, when the works were temporarily suspended, and 
Mr. Meeker took an active part in tlie war against the 
Indians, holding the position of captain during the struggle. 
After the close of the war, he removed to Iowa county, in 
Wisconsin, and, in 1837, began the erection of a four blast 
furnace on the Blue river. This was one of the first smelt- 
ing furnaces in the territory. 

In 1842, Mr. Meeker was elected to the territorial house 
of representatives, and was re-elected in 1843. In 1846, 
he was elected to the first Constitutional Convention from 
the county of Iowa, and served in that body as chairman 
of the committee on internal improvements. He did not 
occupy a prominent position as a spea'ker in general debate, 
but the part he took in the preparation of the article re- 
ferred to the committee over which he presided, limiting 
the power of the legislature to plunge the state into exces- 
sive ventures and doubtful public works, of itself alone 
would entitle him to distinction as a public benefactor, even 
if he had lacked, which he did not, in great and honorable 
personal merits. A generation has lived to witness the 
fruits of a wise precaution, and owes its freedom from 
public debt to the forecast of a body of men, earnest and 
zealous to protect the future, of whom Mr. Mj::eker was 
an active and efficient worker. 

In his early life in Cincinnati, Mr. Meeker had gi\'en 
attention to the study of medicine, and had attended medi- 
cal lectures, though he had never practiced the profession. 
While he resided at Galena, the scarcity of plnsicians at 
that place almost forced him into practice, and for a num- 
ber of years his services in that line were extensive, and 
he attained the reputation of being a skillful and successful 
physician. He continued his residence in Iowa county 
until 1854, when he removed from Mineral Point to his 



120 HON. DAVID L, INIILLS. 

farm at Meeker's Grove, in La Fayette county, and with- 
drew from active life. In 1865, he removed to Shullsburg, 
at which place he died very suddenly of paralysis, on the 
7th day of July, 1865. His remains were taken to Galena 
for interment. 

Dr. Meekek was twice married: first, in 1818, to Miss 
Mary R. Henry, who died in 1829; and again in 1837, 
in Cincinnati, to Miss Eliza P. Shackelton, who still 
survives. He had a large family of children. His sons: 
Warner resides in California; J. D. lives in Nebraska; 
John A. is in Richland county; and E. J. is a merchant in 
Kansas. His daughters: Emma married Dr. Rumbold, 
of St. Louis, and died November 5, 1863; Lida R. mai- 
ried George W. Snow, of Milton Junction ; and Clara 
J. is the wife of Captain Nicholas Smith, editor of the 
Janesville Daily Gazette. 

Dr. Meeker was a man of high moral and religious 
character; his benevolence and liberality were only bounded 
by his means; he was patriotic, courageous and energetic; 
he was noted for his hospitality, and his house was ever a 
welcome resort for the stranger and the homeless ; and in 
all respects he lived an amiable and blameless hfe. He 
took a lively interest in the State Historical Society, and 
was one of its corresponding members in 1855. He was 
a prpminent member of the Masonic fraternity, and for 
several years was an oflicer in the grand lodge in the state. 
It will thus be seen that the life of Dr. Meeker has been 
one of great usefulness to the new state, where he became 
a conspicuous figure in the early days of its settlement. 
He achieved high distinction as a patriot, a physician and 
a citizen; and was universally esteemed and respected by 
all who knew him. 

HON. DAVID L. MILLS. 

*Tlie ancestral record of Mr. Mills, as far as furnished, 
is as follows: Father, David Mills, born in Washington 



HON. DAVID L. MILLS. 121 

county, New York, May ii, 1780; died in 1S53. Mother, 
maiden name, Lucy Lewis, born Ma}^ 25, 1787; nianicd 
October 21, 1804 — both living in Oneida county to the 
end of their lives. 

David L. Mills was born in the town of Grafton, 
Rensselaer county, March 7, 1815; enjoyed a common 
school education; profession, attorney-at-law ; married to 
LuciNDA S. Parker, of Vienna, Oneida county, May 21, 
1852; settled in Fulton, Rock county, Wisconsin, June i, 
1845, in which place and Evansville they have ever since 
resided. 

Mr. Mills was elected to the Constitutional Convention 
from Fulton, Rock county, in 1846. He served on the 
committee on the organization and officers of counties and 
towns, and their powers and duties. He took quite a 
prominent part in all proceedings; After the organization 
of the state, he was elected to fill many important positions 
in both town and county, in all of which the duties were 
discharged with credit and conscientious fidelit}-. He was 
one of the directors of the old Milwaukee and Mississippi 
Railroad Compan}^, at the commencement of its work, and 
rode on the first train that ever made a trip in Wisconsin — - 
from Milwaukee to ToplilTs — now Elm Grove. He has 
also been connected with numerous other enterprises for 
the development of the country; and, after a long, and 
varied career, is still in vigorous health and strength, hav- 
ing been a witness of almost the entire growth of both ter- 
ritory and state. Like all pioneer settlers, he retains an 
abundant stock of reminiscences and incidents of early 
times, which, as they throw light upon the time of this 
occurrence, ought to be written out for preservation. It is 
of such material that the real history of settlement is to be 
written. Mere facts and statistics give but little insight 
into individual life as witnessed in pioneer experience. 



122 IION'S. JAMES M. MOORE — DAVID NOGGLE. 

HON. JAMES M. MOORE. 

James M. Moore \vas a native of the state of New 
York, born in 1815, and by profession a farmer. He was 
elected to the Constitutional Convention, in 1846, from 
Brookfield, Waukesha county, but took no important part 
in the proceedings. He was a gentleman of fair abihties, 
strong native sense, and discharged all duties assi'gned him 
creditably and acceptably. His after career is unknown. 
He died several years ago. 

HON. DAVID NOGGLE. 

David Noggle was born in Franklin, Franklin county, 
Pennsylvania, October 9, 1809. His father, Joseph Noggle, 
was of Dutch descent, and his mother, whose maiden name 
was Mary Duncan, of Scotch-Irish ancestry. Schools 
and academies were rare at the period in most parts of the 
country, so that he had no opportunities for education be- 
j'ond what were furnished b\' the common schools, and his 
time spent in even these rudimentary institutions was very 
limited; notwithstanding which, by almost unaided efforts 
and tireless perseverance, he overcame the difficulties of 
his surroundings sufficiently to fit himself as a teacher. 
His general occupation prior to 1838 was that of farming, 
but, by diligent use of his time, he fitted himself for the bar, 
to whicii he was admitted by the supreme court of Illinois, 
and took at once a high and commanding position in the 
profession. He was married, October 15, 1834, ^^ Anna 
M. Lewis, of Milan, Ohio. In 1839, ^""^ located at Beloit, 
Wisconsin, opened a law office, and at once commenced 
tile practice of his profession. 

In 1S46, he was elected a member of the first Constitu- 
tional Coincntion, from the county of Rock, in which he 
was selected as chairman of the committee on corporations 
other than Ixmking and municipal, the duties of which po- 
sition were admirably and acceptably discharged, and he 



HON. BOSTWICK O'CONNER. 1 23 

became prominent as one of the leading men of the 
body. 

In 1854, ^^^ ^^'^^ elected a member of the assembl}' from 
the city of Janesville, to which place he had removed in 
1850, and was re-elected to the same position in 1857. He 
was subsequentl}' elected judge of the first judicial district 
to fill the unexpired term of Judge Keep, who died in 
ofiice, and was re-elected to the same position for a full term. 
In 1869, he was appointed chief justice of Idaho, but after 
five years of active service was compelled to resign on 
account of failing health and growing infirmity that inca- 
pacitated him from further active life. 

Mr. NoGGLE possessed strong mental power and decided 
ability. Had he enjoyed the benefits of a classical training 
in his vouth, his energ}' and push would ha\'e insured him 
a national reputation among the greatest men of the land. 
Yet with but slight educational opportunities added to ex- 
traordinary difficulties at the beginning of his career, he 
nevertheless reached positions which many of higher cul- 
ture would have attained with difiiculty. In all positions 
of trust, it is but just to say, he ever acquitted himself with 
credit and honor. As a jurist he had few superiors, as a 
statesman he was far-seeing and sagacious, and as a citi- 
zen he was above reproach. Wliile the rivahy of political 
contests made him, possibly, a few enemies, 3^et his friends 
were ever a multitude, warmly attached, sincere and last- 
ing. He died in Janesville in 1879. 

HON. BOSTWICK o'cONNOR. 

BosTWiCK O'Connor was born in Dutchess county, 
New York. His father was also born in the same county, 
and served in the American army in the war of 181 2. In 
1817, the family removed to Ohio, where Mr. O'Connor 
resided until 1842, when he settled in the territory of Wis- 
consin, at first at Milwaukee. He describes his educa- 
tional advantages to have been, that " he graduated from 



124 



HON. DANIEL MORGAN PARKINSON. 



a lo<^ school house, after' studying three months with a 
Methodist school mistress, when he took his diploma and 
put out," becoming thereafter by profession a lawyer and 
physician. Was married to his present wife, Mary W. 
Plumb, in April, 1865; was elected to the Constitutional 
Convention in 1846, from Washington county, in which 
body he served on the committee on the organization and 
functions of the judiciary, probably the most important 
article in the state constitution, and was also chairman of 
the committee on preamble. In the general proceedings 
of the body he seems to have taken a passive or quiet part, 
and not to have aspired to leadership on any of the mooted 
points so elaborately debated — voting his own convictions, 
but refraining from speech-making. 

Since the state organization, Mr. O'Connor has busied 
himself most of the time in private life, although tilling the 
positions of post-master, county judge, justice of the peace, 
etc., for many years in the several localities in which he 
has resided. His peculiar characteristics are the enjoy- 
ment of an exceptional versatility and vivacity, and free- 
dom from conventional formalities — traits that mark the 
pioneer period — the overflow of a happy, contented mind, 
and perfection of physical health. Under the head of 
"experiences," he reports: "I can say that I have always 
had good \ictuals and clothes, and lots of good friends. My 
life has been a very quiet one, enjoying religion at the rate 
of ten knots an hour for the last forty years." 

Mr. O'Connor now resides in Remington, Wood 
county, a hale, hearty and well preserved specimen of the 
nianh()(xl of early limes in Wisconsin. 

HON. 1)anii:l morgan Parkinson. , 

This distinguished western pioneer was the sixth son of 
PiiTiiR Parkinson, a Scotcliman, who emigrated to Amer- 
ica at a dale unknown to his familv, and settled in East 
Tennessee. Mis moiher's name was Mary Morgan, of 



HON. DANIEL MORGAN PARKINSON. 1 25 

Welsh descent, and a sister of Gen. Daniel Morgan, of 
revolutionary fame, and after whom the subject of this 
sketch was named. He was bora at Carter county, East 
Tennessee, October 20, 1790. I lis father died when he 
was two years old, and left his mother ^^■ith seven children, 
in a wilderness country, and in the midst of roving bands 
of hostile and friendlv Indians. Here young Parkinson 
grew up to manhood, with very meagre opportunities 
for secular or moral instruction, and without the aid of the 
refinements of society; and when he entered upon active 
life, he found himself wanting in the elements of an average 
common school education; yet, he was trained to a high 
sense of personal honor, and of the strictest integrity, which 
stood him in stead; and throughout his long life he was 
never wanting in the adornments of true manhood. We 
may well suppose that his mother, rearing a family under 
such circumstances, was as heroic in domestic life as her 
brother had been heroic in the perils of the revolution. 

Mr. Parkinson spent most of his life in farming, and 
was, in all respects, a careful and prudent husbandman. In 
1822, he settled in Sangamon county, Illinois, having pre- 
viously lived a few years in White county, Tennessee, and 
in Madison county, Illinois. In October, 1827, he came to 
the territory of Wisconsin, and settled at New Diirmncrs, 
in La Fayette county. He subsequently removed to Min- 
eral Point, in Iowa county, and built the third house erected 
in that place, and kept it as a tavern and billiard hall. Here 
was held the tirst fourth of July celebration in the state — ■ 
presumably in 1S28. The late Henry Dodge was presi- 
dent of the day, and a Doctor Snyder, of Belleville, Illinois, 
pronounced the oration. Previous to his settlement in the 
territor}^ he had wooed, won and married the high-toned 
Miss Elizabeth Hyder, a native of Tennessee, and in 
W'hose veins flowed the blood of the Hampton family, she 
being first cousin of the father of Gen. Wade Hampton, 
of South Carolina, late of the confederate service, and now 



126 HON. DANIEL MORGAN PARKINSON. 

a United States senator. She presented him with all his 
children, but two of whom are now living: Hon. Petp:r 
Parkinson, Jr., of La Fayette, and William Parkinson, 
Esq., of Iowa; Nathaniel, who was the first sheriil of 
Dane county, having deceased quite recently. 

Mr. Parkinson was a captain, major and colonel suc- 
cessively, of territorial militia, and a lieutenant in the Win- 
nebago war. He had the command of the fifth volunteer 
compan}', under General Dodge, in the Black Hawk war. 
He was accounted one of the best Indian lighters in the 
northwest, and was thoroughly versed in the Indian tactics 
of warfare. He enjoyed the unlimited confidence of his com- 
manding officer, to whom he was attached by the closest 
ties of friendship; and when, subsequently. Gen. Dodge 
was elected a United States senator, his cup of happiness 
was filled to the brim, in which there was no taint of 
selfishness or of personal ambition. Under territorial gov- 
ernment, he was a representative from his district, embrac- 
ing what is now Iowa, La Fayette, Richland and Grant 
counties, in the first legislative assembly, convened at Bel- 
mont, in October, 1836; also of the second session, convened 
at Burlington, in 1838, and in the special session of the same 
year, at the same place. He was also a member of the llrst 
and second sessions of the third legislative house of repre- 
sentatives of 1840, 1841 and 1842, and has often been a 
member of the board of supervisors of his town, and its 
chairman, and often held a seat in the Iowa county board 
of supervisors. In 1846, he was elected to represent the 
county of Iowa (then embracing what is now La Fayette, 
alsoj in the Constitutional Convention of that year. In that 
body he served on the committee on the militia, and was 
an active, working member of the convention, possessing a 
strong inlluence for good in its action. He was a member 
of the state legislative assembly in 1849. 

Mr. I'akkinson passed through all the phases of pioneer 
life in Tennessee, Illinois and Wisconsin. When he settled 



IIOX, DANIEL MORGAN PARICINSON. 1 27 

in Illinois, in 1822, the country was still new and full of life 
and sport, and when everything, nearly, was done by the 
frolic. Houses were built, corn picked and husked, quilt- 
ings, harvesting and threshing, etc., all done by meetings 
of the settlers for miles around; their wives accompanying 
them, and the young people with their sweethearts. These 
meetings were interspersed with rude music, dancing, 
wrestling, horse-racing, and other athletic sports and 
amusements, and we may suppose, without offense to the 
imagination, that they had their bowls of whisk}- punch as 
well, although Mr. Parkinson was a man of temperate 
habits, and taught temperance in his family with such suc- 
cess that his three grown-up sons never knew the taste of 
liquors. Limited in his education, he 3'et possessed a 
strong mind, well disciplined by reflection and keen obser- 
vation. In debate, he quoted no authorities to sustain his 
positions, but relied upon his own convictions for correct- 
ness. In physical build he was a very Hercules — over 
six feet and six inches in height, with bone, muscle and 
flesh to correspond. As a friend, neighbor and citizen, 
none could be better; his kindness and hospitality were 
proverbial, and bounded only by his ability to confer favors. 
He lived in the companionship of such men as Gen. Henry 
Dodge, Col. John Moore, Col. Ebenezer Brigiiam, 
Col. William S. Ha:milton, Gen. Charles Bracken, 
Judge J. W. Blackstone, Col. Abner Nichols, Major 
James P. Cox, Col. James Morrison, Col. Levi Ster- 
ling and Major J. B. Terry, all now deceased, and being 
a class of men who laid the foundation of empire and pro- 
gress in southwestern Wisconsin. Differing in politics, 
they nevertheless contracted- the warmest personal friend- 
ship ; Parkinson, Dodge, and their political friends, offered 
up sacrifices at the altar of Andrew Jackson; Hamilton, 
Brigiiam, and their party friends, paid homage to the 
mighty genius of Henry Clay. In influence, weight of 
character and sincerity of purpose, Daniel M. Parkinson 



128 IIO^'- RUFUS PARKS. 

was the peer of any of these men whom we have named. 
In the State Historical rooms is to be seen a life-like portrait 
of this veteran pioneer; it will ever remain there, sur- 
rounded by the portraits of the companions of his later 
years. In the coming days, he and they will live green in 
the memory of the people of the Northwest. Wisconsin is 
proud of her founder's, and among those whom she will ever 
delight to honor will stand the name of him of whom this 
brief sketch is written. Mr. Parkinson was married three 
times, and survived all his wives. 

At his residence in the county of La Fayette, on the first 
day of October, 1868, at the age of seventy-eight years, 
and attended b}' his son, Peter Parkinson, Jr., he joined 
his comrades on the other side who had preceded him to 
their final rest. 

HON. RUFUS parks. 

RuFus Parks was the youngest son of Warham 
Parks, who died in 1800, of wounds received in the battle 
of Saratoi^a, fouo-ht a^rainst the British forces under Gen. 
BuRGOYNE, while acting as aid to Gen. Lincoln. He 
entered the service as captain of a company raised and 
equipped by his father, and was promoted to the rank of 
major. An elder brother was a captain in the English 
service, and both took part on opposite sides in the battle 
of Long Island. Rufus Parks was born May 21, 1798, 
in Westtield, Massachusetts; was educated at Philips Acad- 
emy, Andover, and during his life followed at ditTerent times 
the professions of merchant, law, and for many years that of 
farmer. After a residence at several points in Massachu- 
setts and Maine, he settled in Milwaukee in October, 1836, 
and from thence moved to Summit, Waukesha' county, in 
1846, where he ever after resided. He married Harriet 
Fair Li:vice, in 1838, at MiKvaukee. 

He was appointed the first receiver of public moneys at 
Waukesha, and was afterwards elected county treasurer. 
In 1846, he was elected to the Constitutional Convention 



HON, C. II. PARSONS — IIOX. II. D. PATCH. 1 29 

from the county of Waukesha, and served in that bod\- on 
the committee on amendments to the constitution, as well 
as upon divers select committees. While not taking a 
specially prominent part in the proceedings, he gained the 
unanimous respect of his associates by his strong native 
sense, great abilities, clear perceptions of the principles 
of organic law, firmness of purpose, sterling honesty, and 
courteous and retiring deportment. He w^as a man of few 
words, but thev were ever weighty and to the point. In 
1858, he was appointed superintendent of public propertw 
and held the position for several years. In 1867, he was 
elected to the assemblv, after which he retired to private 
life. He died at his home in Summit, September 17, 1878, 
full of years and honors. 

HON. CIIATFIia.D II. PARSONS. 

Mr. Parsons was a native of the state of New- York, 
born in 1807. He was elected to the first Constitutional 
Con\'ention from Racine county in 1846, and was by pro- 
fession a farmer. He served in that body on the com- 
mittee on eminent domain and property of the state. He 
was highh" esteemed by his associates as an honorable and 
upright gentleman, worthy of all confidence. Of his after 
career no record has been attainable. 

HON. HORACE D. PATCH. 

The ancestry of Mr. Patch on his father's side was 
John Patch, a son of Ezra Patch, of Connecticut. 
He was born in Onondaga, New York, August 7, 1814. 
He had an academic education at Cazenovia, New York, 
and was bv profession an attornev-at-law. He was mar- 
ried, September 19, 1833, to Cynthia N. Chapman: lived 
for some years in Ohio; removed to Whitewater, Wiscon- 
sin, in 1843; thence to Calamus, Dodge county, in 1845; 
and to Beaver Dam in 1848; was elected to the Consti- 
tutional Convention in 1846, from the county of Dodge, 

9 



130 IIO-X. NOAH PHELPS. 

but having been detained at the opening and organization 
for several days, was not assigned to any standing com- 
mittee; yet the record shows an active participation in the 
proceedings thereafter. In 1852, he was elected to the 
assembly, and subsequently filled the office of clerk of 
court, treasurer, etc. Soon after the breaking out of the 
rebellion, he was appointed captain and quartermaster in 
the army, in which service he died June 22, 1862, from over- 
fatigue and exposure, we believe at Corinth, Mississippi. 
Li all the relations of life, Mr. Patch was a thoroughly 
honest, upright and good man, who enjoyed to the end the 
unbounded confidence and respect of his neighbors and 
friends. 

HON. NOAH PHELPS. 

Noah Phelps is a descendant of Obadiah Phelps and 
Lucy, his wife, who was a daughter of Nathan Pelton, 
of East Windsor, Hartford count}^ Connecticut. He was 
born in the town of Turin, Lewis count}', New York, May 
21, 1808, and after receiving a common school education, 
became by profession a surveyor, in which occupation he 
was employed in surveying government lands in the pres- 
ent counties of Dane, Green and Rock, in the then terri- 
tor}' of Michigan, in the 3'ears 1833 and 1834. January 5, 
1835, he married Adelia Antoinette Hoyt; and in 
1838, settled permanently in Green county, Wisconsin. In 
1841, he was elected county surveyor; in 1842, collector of 
taxes, and re-elected in 1843. In 1844, he was elected a 
member of the territorial house of representatives, and re- 
elected in 1845, the district then embracing Dane, Dodge, 
JelTerson, Sauk and Green counties. 

In 1846, he was elected to the Constitutional Convention 
from the county of Green, and served in that body on the 
committee on banks and banking, and took a somewhat 
active part in the general proceedings. In 1848 and 1850, he 
was elected and re-elected clerk of the circuit court, and has 
since held many local offices of usefulness and importance. 



HON. JOSEPH S. PIERCE. I3I 

Under the head of pioneer experiences, Mr. Phelps 
records of himself: " Chock full of fun, and would like to 
try it over with the same set. No better could be found." 
The reporter who writes this has a vivid recollection that 
he was well posted in " Ojibway," to say nothing of other 
dialects, and that his humor flowed like a fountain, keeping 
all about him in a smiling mood, when not convulsed with 
lauirhter. He was a jrentleman of great natural abilities, 
genial as the sunshine, afl^ible, courteous, and greatly es- 
teemed by his associates. Under all his seeming levity, 
there was a solid bottom of sterling worth, strict integrit}', 
and large and varied educational attainments. The pioneer 
and his fun are historical characteristics. They grew out 
of natural surroundings, were contagious, and permeated 
the whole framework of early society. But they never 
trenched on the duties of the hour aVid time. As a result, 
the " old settler " is often found as hale and hearty at the 
age of seventy as the mass of the present generation at 
fort3'-five or fifty. Pleasant memories are the happiest 
gift of old age. 

HON. JOSEPH S. PIERCE. 

Joseph S. Pierce was a native of Vermont, born in 
1797, and by profession a farmer. He was elected to the 
first Constitutional Convention from Rock county, and 
served in that body as a member of the committee on 
municipal corporations, but was not otherwise distinguished 
or prominent. He was a gentleman possessing strong- 
native and practical sense, and universally esteemed by 
all who knew him. In 1850, Mr. Pierce bought a farm 
in Darlington, La Fayette county, from Hon. H. H. 
Gray, and moved on it in 185 1. He resided on his farm 
till 1856 or 1857, when he removed to Steele county, Min- 
nesota, where he built a mill. In a short time this mill was 
destroyed by fire. This misfortune seriously impaired the 
health of Mr. Pierce, and he died in 1859. 



I 12 HON. THEODORE PRENTISS. 



HON. THEODORE PRENTISS. 



Theodore Prentiss was born September lo, 1818, at 
Montpelier. Vermont. He is the eighth son of Samuel 
Prentiss, formerh^ chief justice of the supreme court of 
Vermont, subsequently United States senator for two terms, 
and afterwards judge of the United States district court. 
His father was a native of Stonington, Connecticut; his 
mother, Lucretia Houghton before her marriage, w^as a 
native of Northlield, Massachusetts. His paternal and 
maternal grandfathers served in the revolutionary war, 
and his paternal great-grandfather was a colonel in the 
war, from Stonington. 

Mr. Prentiss pursued a course of study in the academy 
of his native town, preparatory for college, and entered the 
University of Vermont in 1838, but left the same year by 
reason of ill health, and went south. He returned in 1842, 
and studied law in his father's office at Montpelier, and 
was admitted to the bar in 1844. He removed to Wiscon- 
sin in October, 1844, and settled in Watertown, Wisconsin, 
in February, 1845. He was elected a member of the first 
and also of the second convention for forming a state con- 
stitution; w^as a member of the state legislature in 1861, 
and the same year was elected a member of the Board of 
Regents of the State University, and three several times 
he has been mayor of the city of Watertown. He married 
Martha J. Perry, of Montpelier, Vermont, December 4, 
1855, and has three sons. He has been successful in busi- 
ness so as to have acquired a fair competence. 

The services of Mr. Prf.ntiss in the Constitutional Con- 
ventions of 1846 and 1847-8, were quite varied and im- 
portant. In the first, he was chairman of the committee 
on the acts of congress for the admission of the state, and 
reported the article upon that subject, which, after a sin- 
gle amendment suggested by himself, was unanimously 
adopted. In the second convention, he served as chairman 



HON. ALEXANDI:R W. RANDALL. I33 

of the committee on schedule and other miscellaneous pro- 
visions, in a manner equally acceptable to his associate 
members. While he took but small part in general debate, 
his brief speeches upon several pending propositions are 
strikingl}^ terse, logical, and to the point, proving a high 
order of mental culture, and clear and discriminating judg- 
ment. His services in both bodies bear the impress of 
marked abilit}^ ; and the same is equally true of his subse- 
quent legislative labors. He has ever held the position of 
a prominent, sagacious, and in all senses upright and 
worthy citizen of a state whose organic law he so ably 
assisted to perfect. 

HON. ALEXANDER \V. RANDALL. 

Alexandi-:r Willlvms Randali^, the subject of this 
sketch, was, in many respects, the most prominent charac- 
ter who has yet appeared in the histor}^ of Wisconsin, and 
his career will doubtless excuse a minuteness of detail 
neither desirable nor necessary to introduce the mass of 
public men whose lives are embraced in the scope of this 
work. 

His genealogical record, so far as it has been attainable, 
is very brief. His father, Phineas Randall, was a native 
of Massachusetts. In 1818, he settled in Montgomery 
countv, New York, residing there until 185 1, when he re- 
moved to Waukesha, Wisconsin, and there died in 1853. 
He held the ollice of judge of common pleas under ap- 
pointment from Gov. William H. Seward, when the 
state judiciaiy was appointed, from 1837 to 1841. Sarah 
Beach Randall, his wife, was born in Schenectady, New 
York, and at latest dates was still living at Fort Plain. 
The}^ had several children. Among those who reached 
conspicuous positions, we may mention the Hon. E. M. 
Randall, at present, and for a long period, chief justice 
of the state of Florida. 

Alexander W. Randall was born in Ames, Mont- 



134 "<^^'- alexyVnder w. raxdall. 

gomery county, New York, October 31, 1819. He enjoyed 
a very thorough and complete academic education, and be- 
came a lawyer by profession. He settled in Prairieville 
(now Waukesha), in 1840. In 1842, he married Mary 
Van Vechten, who died in 1858. In 1863, he married 
Helen M. Thomas, of Elmira, New York, who is still 
living, and resides at North Platte, Nebraska. He was 
elected a justice of the peace in Prairieville about the time 
he became of lawful age; was appointed postmaster, and 
speedily took rank as one of the best jury lawyers in his 
circuit. 

In 1846, at the age of twenty-seven, he was elected a 
member of the Constitutional Convention. Detained at 
home from some cause, he did not reach tbe capital until 
some days after its organization, and hence took no part in 
the preliminary work. He served as a member of the 
committee on corporations other than banking and munic- 
ipal; but the chief distinction since achieved from his labors 
in this bod}-, and one of present historical value, w\as the 
introduction of the resolution, finally adopted, for the sepa- 
rate submission of the question of colored sutii-age to a 
vote of the people. Strange as it may seem to this gener- 
ation, anything even remotely tending to equality of races 
was in this earl}^ day looked upon wdth jealous hostility, 
and its formal proposition as in every way hazardous to 
any one ambitious of public life. As this was one of a series 
of measures in the north that in the end culminated in the 
great war of the rebellion some fifteen vears later, it is by 
no means unimportant in this connection. Tiie first to 
move in the matter was George Hyer, a member from 
JelTerson county. He oflered a resolution on the subject, 
but the next day willidrcw it. It was again renewed by 
James M. Moore, of Waukesha county, referred to com- 
mittee of the whole, where it seems to have been defeated. 
Mr. Randall then prepared the resolution in more per- 
fect form, which, after an exciting debate, was adopted by 



HON. ALEXANDER W. RANDALL. 1 35 

a vote of fift3'-three to forty-six. It was the triumph of a 
principle whose importance, at the time, was comprehended 
but by very few. 

After the close of the convention, Mr. Randall devoted 
himself for several years exclusively to professional labors, 
and seoms to have taken no prominent part in political 
aflairs, doubtless being looked upon as too much of an 
abolitionist to suit either party. But a great revolution 
was approaching. The moral sense of the public was 
awakening to the horrors of slavery, and its incompatibility 
with the principles of republican government. The dem- 
ocratic party, with which he had previously acted, and 
which had an overshadowing majority, by making a test 
of fealty to the south too prominent, broke into two frag- 
ments; the larger part uniting with a large portion of the 
whig party, made a new organization, which took the 
name of republican; and although the distinctive issues 
upon which it rose have long since been settled, it has ever 
since, with exceptional defeats, maintained its ascendency. 

In 1855, this new party, by an extraordinary local vote, 
elected Mr. Randall to the assembl}-. Once in a position 
where his remarkable talents had room for display, he 
speedily acquired such predominant power as a wise and 
sagacious leader, that in the end opened for him a career of 
public life which no other of our citizens has ever achic\ed. 
The attempt to enforce the fugitive slave law in Wisconsin 
set political forces in motion which no one could have fore- 
seen; but the plan of this work forbids anything more 
than ireneral allusion to them. 

In 1855, Mr. Randall was made a candidate for the 
office of attornev general by the republican state conven- 
tion, but he failed of an election by a sniall majorily, from 
local division. He was then appointed judge of die Mil- 
waukee circuit court to fill out an unexpired term, a posi- 
tion in which he won the approbation of all parties, and to 
which he would have been elected the next spring had 



136 HON. ALEXANDER W. RANDALL. 

there not been an enormous political majority, and a popu- 
lar candidate arrayed against him. 

In 1857, he was nominated and elected governor of the 
state, and so acceptably and well discharged the duties of 
this elevated position, that in 1859, two years later, he was 
again elected by a largely increased majority. 

During both executive terms, he plainly forecasted that 
civil war was approaching, and in conversations with con- 
lidcntial friends, often alluded to its certainty in a manner 
that became almost prophetic in the events that speedily 
followed. So strong were his convictions on the subject, 
that he would have had the state prepared for the emer- 
gency, and had his advice been heeded in time, Wisconsin' 
would have been far better prepared when the tempest 
tinally broke in April, 1861. He had long watched the 
shadow of the dark penumbra as it gathered intensity ; had 
a better appreciation of the force with wliich it would fall; 
and saw more clearly the ending than probably any other 
citizen. But the masses were utterly skeptical, the legis- 
latures disponed to temporize, and when the storm first 
broke, an almost forgotten militia law stood as the sole rep- 
resentative of the military power of the state. 

The spring of 1861 opened a new era in American his- 
tory, and imposed upon the executives of states duties to 
which they were all unaccustomed, and of a magnitude 
and importance such as had never before been known. 
To the masses, the transition from peace to war was sud- 
den and unexpected. The countr}^ could scarce believe 
that a dreadful conflict was impending. It took many 
months, and dire disasters, before the full magnitude of the 
struggle began to be realized in its full extent. But, from 
the opening gun fired on Fort Sumter, there was neither 
hesitancy nor jxiuse. The drum-beat that woke its little 
garrison to arms, pealed o\er a continent, and aroused an 
excitement and enthusiasm without a parallel. So pressing 
was the danger that Governor Randall took the respon- 



HON. ALEXANDER W. RANDALL. 137 

sibility, witliout law or the formality of a presidential 
application, to call the second regiment into existence, 
and to use public funds in advance of lawful appropriation, 
trusting to a patriotism that did not fail, to sanction his 
action. The executive office, from a quiet and peaceful 
retreat, was suddenly changed into a focus and headquar- 
ters of military acti\-ity. The whole people, as if by simul- 
taneous impulse, rose in arms, and from the prairies, the 
openings and the pine forests, streamed forth the long files 
of manhood, so soon to take their places upon distant battle 
fields. .How fortunate for the state that it had at its head 
an official so willing and capable to discharge every solemn 
and urgent duty demanded by the time. As an adminis- 
trative officer. Governor Randall probably had no supe- 
rior. As an organizer, he had wondrous talent. That in 
the haste, lie committed errors, may be freely conceded. 
But, as a whole, his success was a marvel. As regiment 
after regiment was equipped, and moved on, who among 
us at the time but recalls with pride the glowing compli- 
ments that were paid the state from all sides for the hero- 
ism of its citizen soldiery, their neat appearance, and rapid 
progress in military education? Nor were they less dis- 
tinguished for bravery. Their blood sprinkled every 
battle field of the war. The}' wrote a record in our his- 
tory in deeds that are imperishable. But behind all, and 
even more important, was the genius that had organized 
the impulse, and put the force in motion. Important as 
had been his duties in peace, he must ever stand upon om' 
historic annals as the great war governor of Wisconsin. 
He originated; others followed, — well and wisely, — in 
the path he had mapped out, for which they are justlv 
entitled to commendation. But his was the master mind 
that put its impress indelibly upon all that came after, and 
is entitled to the credit so justly his due. 

At the close of liis term, January i, 1862, Gov. Ran- 
dall had a strong desire for service in the armv, the state 



1 38 HON. ALEXANDER W. RANDALL. 

having under his elTorts furnished nearly 25,000 men. On 
visiting Washington, however, President Lincoln induced 
him to change his purpose, and as a token of appreciation 
of his labors, appointed him minister to Rome. He soon 
after went abroad to fulfill the duties of his mission, which 
at that critical time were delicate and important. But 
amidst the conflict of arms at home, life abroad had no 
charms for him. He could not endure, as he expressed it 
to the writer, the sense of banishment, when every arm 
was needed to strike a blow for the country. He resigned 
in 1863, and on his return again sought a military position. 
The president, however, who had a correct appreciation 
of his high civil and administrative abilities, again dis- 
suaded him, appointing him to the position of assistant 
postmaster general, the duties of which he filled until 1865, 
when President Johnson promoted him to the head of the 
department as postmaster general. He thus became a 
cabinet ofliccr, from which he retired only at the close of 
the presidential term. He then resumed the practice of 
the law, locating at Elmira, New York, in which he con- 
tinued to the date of his decease, August 26, 1872. His 
death created a profound impression of grief all over the 
country, but nowhere was it so sincerely and deepl}^ la- 
mented as in Wisconsin, where he was so widely and per- 
sonally well known and universally beloved. 

Gov. Randall, during his career, had many rivals, but 
it is doubtful if he ever had an enemy. The greatiiess and 
ufjbility of his nature placed him far above the average of 
public men. He harbored ill will to no one. Enmity and 
hale had no ]-»lace in his bosom. His unselfish love of all, 
made him the friend of all. To say that he was not per- 
fect, would be to say that he was not human. But his 
goodness of heart and generous qualities were in such ex- 
cess as to dwarf all oiIkts. He was a true friend, a kind 
neiglibor, a strictly honest and upright oflicial, and in its 
highest sense, a true gentleman and worthy man. 



HON. ALEXANDER W. RANDALL. 1 39 

The personal characteristics of Gov. Randall were 
peculiar and striking. He had a fine sense of humor and 
wit, and his propensity for mirth was almost resistless. 
But it was always tempered with a kindness that disarmed 
opposition and left no sting, tlis vivacity, indeed, was 
often mistaken for levity by those who had but little ac- 
quaintance with him. He possessed a wonderful faculty 
of adaptation, and easily adjusted himself to any company — 
jolly with the mirthful, grave where gravity was most 
belitting. We have known him to address a Sunday 
school in one hour, a crowd of nois}^ men in the next, and 
out-talk a committee of strong-minded women imniediately 
thereafter — each in so apt a manner as to call down uni- 
\ersal approbation. In each of such cases he said neither 
too little nor too much, made no mistakes, and illustrated 
his remarks in a manner to surprise his more intimate 
friends. Under all his humorous sayings, he never for a 
moment lost sight of the point he desired to make, but 
strengthened it by his illustrations, fixing an indelible im- 
pression upon the hearer, who, however disappointed in 
what he sought, never failed to testify to the kindness of 
his treatment and his appreciation of the courtesy of his 
reception. To strangers he often seemed idle and careless, 
with abundant leisure, without care, and one who gave but 
slight attention to the business in hand to do. In olBce 
hours, no matter how great the pressure, or how numerous 
the callers, he received all with a frank and geiuiine heart- 
iness, and yet carried on his work in the midst of a flow 
of pleasantries that seemed to have no limit, and as if he 
had given no time to preliminary examination. This was 
a marked feature of his more visible life. Back of all, 
however, was something very ditTerent, for which he never 
received due credit. He was, in fact, as all who had inti- 
mate acquaintance can attest, a great, diligent and tireless 
worker. From about four o'clock in the morning until 
business hours began, and not unfrcquently after the close 



IJ.O HON. ALEXANDER W. RANDALL. 

until late at night, the private room of Gov. Randall 
would have disclosed a very ditlerent personage. Had 
any one then looked in, he would have found him seated 
at a table, often with a bushel or more of letters before 
him, each of which he personally examined, mastered the 
contents almost at a glance, minuted the reply to be made, 
or referred it to a secretary for that purpose. All official 
papers of all kinds were subjected to a most rigid exami- 
nation, especially contracts or other public obligations. 
Ever}' tiling was orderh', methodical and in place. The 
solid work of the day was disposed of before the mass of 
men had waked from their sleep. This preliminar}' work 
was an invariable habit. Nothing was omitted, and noth- 
inif forjiotten. Office hours to him were a season of relax- 
ation and not of labor. Any one who had personal 
schemes to subserve, and hoped to escape too close an 
examination in the belief that time had not been given to 
his proposals, was sure to tind himself mistaken. He was 
dealing with one rarely duped or deceived. 

Gov. Randall was not alone a well-read law3-er, but 
very much more. His education co\ered a wide range, 
both in history and literature. His logic was keen and in- 
cisive. He possessed in perfection the rare faculty of gen- 
eralization — of reaching the principle and its proper ap- 
plication, no matter however deeply buried in verbiage. He 
was by no means a blind follower of precedent, but held 
that the jiresent has rights and equities of its own. His 
conclusions followed rapidl}' from the premises, as if b}- in- 
tuition, and were rarely found erroneous, whether upon the 
1x1 uh or in adminislrative service. Add to this that he 
was honest and conscientious to an extreme, and if he erred 
it was the fruit of haste, impulse or passion. Generous to 
a fault, In- lacked tlie faculty of acquisition, and was liter- 
ally williout sellishness. Almost reckless of his own 
means, in public life he was rigidly economical and exact, 
and even the tongue of slander ne^'er ventured to connect 



HON. ALEXANDER W. RANDAEL. I4I 

Ills name with a swindliiii^ claim or fraud upon llie ]-)ublic 
funds. Nor did an\' inducement ever make him swerve 
from the plain path of duty and honor. In this world's 
(,roods he was always poor. His generous instincts forbade 
the accumulation of private fortune, and he often sutlered 
from lack of means. Yet, with millions at command in 
otlicial life, his hands were never stained by personal gain. 
lie held such trusts to be sacred — their wrongful diversion 
or use a crime, and no one ever guarded them with more 
sleepless vigilance. In an age of constant and bold public 
corruption such a record speaks for itself, and needs no 
commendation. 

lK)th as a speaker and writer Gov. Randall excelled. 
His published speeches are brief, direct, and to the point, 
without rhetorical display or a waste of words to atone for 
an absence of ideas. His messages andother public com- 
munications evince the same plain common-sense plan. 
They are admirably drawn, statesmanlike in scope and 
jturpose, direct, and the case alwavs fairlv presented. 
Above the mere politician, he cherished no resentments, 
and never made use of position to traduce his opponents. 
In a most diflicult period, he steered safely between con- 
flicting obstacles, conciliated by kindness and attention, and 
converted opponents into w'arm supporters, thereby filling 
the measure of public usefulness, and leaving behind a 
memory that will always be grateful to those who knew 
and appreciated his labors, perplexities, and the dilhculties 
to be encountered. Nor should it be forgotten that his 
eulogists are among the greatest and best of the public 
men of the nation. Such as President Lincoln, Si: ward, 
Greeley, and a host of others, have both by acts and ex- 
pression paid much higher compliments to his merits and 
worth than has been possible in this hurried and imperfect 
production. 



142 IIONS. AARON R,\NK1X — GEORGE REED. 

HOX. AARON RANKIN. 

Aaron Rankin was born in the state of New York in 
181 2, and was by profession a farmer. In 1846, he was 
elected a member of the Constitutional Convention from 
Fort Atkinson, Jefferson county, and served in that body on 
the committee on executive of the state. Of his after 
career the committee have no information. He was noted 
amon^j his associates as a sound, practical legislator, and 
worthy and respected citizen. He is reported as living, 
but his place of residence has not been ascertained. 

HON. GEORGE REED. 

George Reed belongs to a prominent family in Wis- 
consin. His brothers, Orson, Harrison and Curtis, 
were early settlers in the territory, and have been long 
connected with its affairs in various public capacities. Two 
sisters were also early settlers in the territory — the one 
was the wife of the late Judge A. D. Smith, and the other 
is the wife of Hon. Alexander Mitchell. Gcorge 
Reed was a native of Massachusetts, and was born in 
1 8 10. Of his early life we have no record. At an early 
da\-, he settled in the county of Waukesha, from which 
county he was elected to the territorial legislature in 1847, 
in which body he served till the state government was 
organized. 

Til 1846, Mr. Reed was elected as one of the representa- 
tives from the county of Waukesha, to the first Constitu- 
tional Convention, and in that body served as chairman of 
the committee on the executive of the state. He took an 
active part in tlic proceedings of the convention, and was 
an able and useful member of it. 

hi a few years after state government was organized, 
Mr. RrjcD removed to Manitowoc, and represented that 
county in the state senate, in the years 1866, 1867, 1868, 
1869, and 1870. Soon after the close of his service in the 



HON. PATRICK ROGAN. 1 43 

senate, he took, a leading interest in the construction of tlie 
Wisconsin Central Railroad, that connects Lake Superior 
with Milwaukee. He was the president of this railway 
company for several years, and labored with much energy 
and ability to raise the means with which to build the road, 
and met with a large measure of success in the enterprise. 
He engaged the attention of Boston capitalists to the im- 
portance of the work, and they took hold of it with a will; 
put in their means, and the road was completed to Ashland 
on Lake Superior at a rapid rate. It was an immense 
undertaking, as a large portion of the route was through a 
wilderness of heavy timbered land, uninhabited. As fast 
as the road was completed, people settled on the line, till 
now there are several respectable villages located upon it, 
and the country is rapidly filling up. While jNIr. Reed 
was a leading man in this enterprise in its origin, and for 
years afterwards, owing to some trouble unknown to the 
writer, he did not remain connected with it till the line was 
finished; but he is entitled to much credit for his early 
labors in promoting a work that must prove of incalcula- 
ble benefit to the state. 

In all positions in life, Mr. Reed has shown abilit}- of a 
high order; and has done much for the promotion of the 
interests of his adopted state. He still resides at Manito- 
woc, and at the ripe age of three score years and ten, is in 
the enjoyment of reasonably good health and spirits. 

HON. PATRICK ROGAN. 

Patrick Rogan is a native of Ireland, born in 1812, 
and at the time of his election from Watertown, Jeflerson 
county, to the first Constitutional Convention in 1846, gave 
his occupation as that of postmaster. He served in that 
body on the committee on internal improvements, and 
although not greatly gifted as a speaker, was justly ranked 
as possessing one of the strong minds of the assemblage. 
He was a pioneer settler in Jefierson county, among the 



144 



HON. EDWARD G. RYAN. 



first to aid in subduing its immense forests, where he located 
at what became known as Johnson's Mills l^now Water- 
town), and from the beginning bore an honorable and active 
part in all that related to the development and welfare of 
the country. In 185 1, he was elected a member of assem- 
blv, and re-elected in each of the years 1853, 1855, 1862, 
and 1866, since which he has generally remained in private 
life. His career in Wisconsin has been long, and in every 
sense useful, and no one ever enjoyed more universal 
respect and esteem among all classes of persons. Having 
lived out a period covering the whole annals of the state, 
his old age is gladdened by troops of friends, and the hearty 
good wishes of every one. 

HON. EDWARD G. RYAN. 

Edward G. Ryan was born at New Castle House, in 
the county of Meath, Ireland, November 13, 1810, the son 
of Edward Ryan, Esq., of New Castle House, and 
Abby, his wife, daughter of John Keogh, Esq., of Mount 
Jerome, near Dublin. He was reared in the full sight of 
wealth, but being the second son, inherited no share of it. 
He was educated at Clongone's Wood Cottage, where he 
completed his course in 1827. He commenced the study 
of the law in his native country, but before completing it, 
he came to the United States in 1830, and resumed the 
studies in New York, supporting himself, meanwhile, by 
giving lessons in private schools. He was admitted to the 
bar in 1836, and located in Chicago in the fall of the same 
year, where he practiced his profession till 1842. During 
his residence in Chicago, he was editor of a paper, which 
we believe was the commencement of the present Tribune. 
In 1842, he located at Racine, in this state, where he 
remained till 1848, when he removed to the city of 
Milwaukee. 

Mr. RvAN was prosecuting attorney in the Chicago cir- 
cuit in 1840 and 1841; was a member of the Constitutional 



HON. EDWARD G. RYAN. I45 

Convention in Wisconsin in 1846, representing" the county 
of Racine. In this body he was one of the most conspicu- 
ous members, both in committee work and in the debates 
on the Hoor of the convention. He was the chairman of 
the committee on banks and banking, second on the com- 
mittee on the judiciary; and also a member of the com- 
mittee on education. 

Mr. Ryan hekl the position of city attorney in Milwaukee 
during the years 1870, 187.1 and 1872.' In June, 1874, 
Chief Justice Dixon having resigned his position on the 
bench, Mr. Ryan was appointed, by Gov. Taylor, as 
chief justice of the supreme court of the state, to liU the 
vacancy, and he has since been elected to the high position 
b\' the people, without opposition. He is a man of vast 
legal learning, and a writer of masterly ability. His 
decisions, in point of literar}- style and' legal research, will 
rank among the first in this country. He is an orator of 
great power, and many of his efforts equal those of the 
foremost men in the country. He was engaged in the 
prosecution of the impeachment trial against Hon. Levi 
HuBBELL before the state senate, in 1853, and his great 
arjjument in that case ranks with the first efforts of the 
kind on record. He was engaged as counsel in the fjreat 
gubernatorial contest between Basiiford and Barstow in 
1856, on the part of the relator, and, in this case, as in all 
others in which he has been engaged, he exhibited ability 
and legal research of the highest order; and his arguments 
were able, forcible and effective. The case was one of ex- 
treme importance, as fixing a precedent, and ?vlr. Ryan 
managed it with consummate skill and energv. 

In person, Mr. Ryan is five feet ten inches in height, 
weighs about one hundred and eighty pounds, neither of 
robust nor delicate frame, but muscular, sinewy and capa- 
ble of much long and continued labor. His movements 
are quick and his step elastic. His complexion is florid, his 

hair light, his eyes blue, large and expressive. The late 
10 



1^6 IIOX. EDWARD G. RYAN. 

Col. Wyi. B. Slaughter, in the Wisconsin Biographical 
Dictionary, delineated the character of Judge Ryan, thus: 
" He may not possess the highest order of intuitive 
genius; he may never have been able to write 'Pilgrim's 
Progress,' nor ' Paradise Lost,' nor ' Hamlet.' Whatever 
of intellectual excellence he possesses arises from the deep 
earnestness of his moral nature, which leads to concen- 
trated thought, and to that discipline of his mental faculties 
to which he has subjected them through long }'ears of 
laborious study — /ador nccesse est exccUaiticB. No truly 
great man was ever flattered by flattery, and Mr. Ryan 
has no trait of character more positive than his instinctive 
aversion to the language of paneg3a-ic as applied to him- 
self. No person ever praised him generously without 
risking his contempt. With a profound reverence for 
ability in others, endowed with a clear perception of the 
just claims of real merit, but abhorring the arts which 
secure a meretricious reputation, he owes his position at 
the bar and on the bench to none of those adventitious 
circumstances which usually attend public promotion. But 
Mr. Ryan, as a whole, is remarkable for no single peculi- 
arity, but rather for a combination of peculiarities. His 
mind is an aggregation of superior powers, harmonious 
and yet diverse. He is a ready and impressive orator, and 
yet a writer of remarkable accuracy and beauty of diction. 
His prepared lectures are finished models of literary com- 
position, but scarcely less so are his addresses extempo- 
raneously spoken. At the bar, in the lecture room, and on 
the bench, his speech is always aflluent, expressive and 
precise; while he never hesitates for a phrase, no phrase 
escapes him which is not of striking import, by reason of 
the compactness and grace of its structure. In logical 
strength, and in that mental power of quick and searching 
discrimination which is the highest manifestation of a 
purely intellectual ability, he is ^^-ithout a superior. In the 
rhetoric of invective, in the recitation of prosaic fact, or in 



IIOX. KDWARD G. RYAN. I47 

the anah'sis of dry details and in rapid, terse and impress- 
ive argument, he possesses a power of apparently exhaust- 
less resources. In the ordinary practice of his profession, 
no flaw of the law, no perversion of the truth, no weakness 
of the judge, escapes his observation, or evades discovery 
and exposure. With mental faculties thus comprehensive, 
disciplined and critical, is combined a physical tempera- 
ment naturally sensitive, which inspires ever}^ mental act 
with electrical energy. Thus constituted, no question, 
whether of law or politics, is subject to his investigation 
which is not illuminated by the light of his genius, or 
sohed in the fire of his criticism. Tdigit nihil non ornavit. 
It has been said that qualities like those which distinguish 
Mr. RvAX rarely comport with the conservative character 
of the iudge; that he is better fitted for the contests at tlie 
bar than for the deliberations of the council chamber. 
This would be true of many men of equal or greater ce- 
lebrity, but of less varied and comprehensive genius. It 
might have been partially true of Mr. Ryan before the 
softenino- influences of mature aije had endued him with 
that intellectual calmness which best befits and adorns 
the exercise of strictly judicial duties. But it cannot be 
trulv said of anv man, that, simply because of his great 
ability in all departments of mental labor to which he has 
been called, he is unfitted for the particular department to 
which fortune or his own convictions of duty may sum- 
mon him. Julius C.^sar was the most distinguished 
warrior of his age. He was an orator of so high an order 
that many thought him the rival of Cicero. He was one 
of the wisest of the senators. He conversed with the magi 
of the east concerning the sources of the Nile and the 
mountains of the moon. He was the best historian of his 
day, and his ' Commentaries ' is the text book of our day. 
He was withal a passionate lover. No man was CA'er 
great without strong passions. They are the winds that 
drive the vessel ahead. This delineation of Mr. Ryan's 



I4S IIONS. LYMAN II. SEAVER — A. HYATT SMITH. 

cliaracler would be imperfect, and a gross injustice to 
truth would be done, were I to omit to mention another 
prominent and most creditable characteristic of the man; 
a quality which has been the guardian of his youth, the 
crown of his manhood, and the consolation of his mature 
years. I refer to his profound re\-erence for the Deity, 
and that spirit of humility and devotion to religious duty 
which have ever characterized the lives of the truly great. 
" In view of Mr. Ryan's forensic efforts at the bar, the 
brilliant flashes of his genius and the pitiless sarcasm of his 
wit; in x'mw of his luminous opinions as a judge, in which 
he reasons with the force of logic and the certainty of 
demonstration; in view of his varied learning and classic 
taste, as exhibited in his lectures, and in view of the purity 
of his personal character, he may say, with as much truth 
as any man can, Exegi iJio)iuiiicii/ii)}i cere ^crouiiusP 

HON. LYMAN II, SEAVER. 

Lyman II. Seaver was born in the state of New York, 
in the \ear 1808, and was a farmer by profession. He was 
elected to the lirst Constitutional Convention from Darien, 
Walworth county, and served in that body on the com- 
mittee on schedule for the organization of state govern- 
ment. While taking no special part in debate, he took 
quite a prominent part in the proceedings, and his services 
were in all respects creditable and useful. His after career 
is unknown to us. 

HON. A. HYATT SMITH. 

A. Hyatt Smith was born in New York cit}', Feb- 
ruary 5, 1814; and is the son of Maurice and May 
(Ri.vNoEDs) Smith, natives of Westchester county, New 
\'()rk. I lis ancestors took prominent part in the revo- 
lutionary war. The Smiths were from England, two 
brothers 1ki\ ing arrived in Boston in 1650. His father, who 
was a merchant in New York, died on the 22d of Feb- 



HON. A. HYATT SMITH. I49 

ruarv, 1828, when the subject of this sketch was thirteen 
years of age. James Smith became the guardian of A. 
Hyatt, and at once decided that he should become a 
lawyer, and for seven years he pursued the study of law 
in the otEce of his guardian, and at the same time carried 
on his general studies in a private academy of Boreland 
and Forest, then one of the best classical schools in the 
city; and completed his education at Mount Pleasant Sem- 
inary. Mr. S.AHTH was admitted to practice in the city 
courts in 1835, and to the supreme court in 1836. He 
received a large practice in the city, but owing to impaired 
health, he concluded to remove west; and on the 22d of 
November, 1842, located at Janesville in this state, which 
place has ever since been his residence. For many j-ears, 
Mr. Smith was prominently engaged in the improvement 
of the water power at Janesville, ancl, in 1846, erected the 
largest flouring mill then in the west. In 1846, Mr. Smith 
was elected to the first Constitutional Convention, and took 
a prominent position in that body. He was chairman of 
the committee on the eminent domain and property of the 
state, and was also chairman of a select committee on the 
division of the state into legislative districts. Mr. Smith 
was active in favor of the ratification of the constitution 
presented to the people by that body, and made more than 
sixty speeches in its favor. 

Previous to his coming to Wisconsin, Mr. Smith was 
appointed, by Governor Marcy, in 1836, commissioner of 
deeds in New York city. In 1847, he was appointed, by 
Governor Dodge, attorney general of the territory, a posi- 
tion he held till Wisconsin was admitted as one of the 
states in the Union. In 184S, he was appointed, by Presi- 
dent Polk, United States attorney, a position he held till 
the accession of President Taylor the next year. He 
was, in 1853, elected the first mayor of Janesville, and was 
again elected to the same ofiice in 1857. In 185 1, he came 
within two votes of beinir nominated for governor of the 



150 HON. GEORGE B. SMITH. • 

State in the democratic convention, and came equally near 
the nomination for the same office in 1853. He was sev- 
eral }xvars a regent of the state universit}^ In 1866, he 
was appointed, by President Jonxsox, assessor of internal 
revenue, and held the office till the following spring. He 
has been largely engaged in many public enterprises, de- 
voting much time in past years to promoting the building 
of various railroads. 

On the 4th of April, 1838, Mr. Smith was married in 
New York cit}- to Miss Ann Margaret Cooper Kelly, 
a native of Philadelphia, and daughter of Phillip Kelly. 
They have had eight children — four sons and four 
daughters. In politics, Mr. Smith is a democrat. He 
cast his first vote for Martin Van Buren in 1836. He 
was a candidate for congress in 1848, and was defeated 
by Hon. Orsamus Cole. His career in Wisconsin has 
been a prominent one, and he has done the state good 
service. 

HON. GEORGE B. SMITH. 

George B. Smith was born at Parma Corners, Monroe 
county, New York, May 22, 1823. His father, Reuben 
S>nTH, was a native of Rhode Island. His mother's 
maiden name was Betsy Page. Slie died when the sub- 
ject of tiiis sketch was but ten weeks old. Both father and 
mother possessed much strength of character, and the 
father lilled many places of honor and trust, discharging 
faithfully every duty. In 1825, the family removed to 
Cleveland, Ohio, and in 1827, took up their residence in 
Medina, Ohio. It was in this place that our subject re- 
ceived a few years of schooling, and entered upon the 
study oi the profession of law, with H. W. Floyu, Esq., 
of Medina. In about a year thereafter, he entered the 
office of Messrs. Axi)i<i:ws, Foot & Hoyt, of Cleveland, 
where he pursued his studies wilia great diligence for about 
a year. Being a young luan possessing much self-reliance — 
a characteristic that never left him in after life — his mind 



HON. GEORGE B. SMITH. 151 

naturally turned to the great west, which was then attract- 
ing attention in all parts of the country, and, with his father, 
came to Wisconsin, locating hrst at Kenosha (then South- 
port), and there pursued his studies in the oilice of the late 
Hon. O. S. Head, lie was admitted to practice at the 
bar of the United States court, Hon. A. G. MiLLiiR pre- 
siding, on the fourth of July, 1843. Spending a short time 
in Kenosha after his admission, he returned to Ohio, and 
united himself in marriage with Miss Eugenia Wei>:d, of 
Medina. Then, with resolute courage, he again turned 
westward, and, in the fall of 1S45, located in Madison, the 
capital of Wisconsin. It was here that he literally fulfilled 
the Gre]>:ley advice of growing up with the country. 
Wisconsin then contained but a small population; Madison 
was a village of three or four hundred souls. The young 
attorney at once took a leading position in his new home; 
and, rapid as was the growth of the west, he kept pace 
with it, and in all after-life, kept in the front rank of its 
citizens. He at once entered upon the practice of his 
chosen profession — and one which he dearly loved — in 
the several courts of the then territory, and continued a 
prominent member of the Wisconsin bar, to the time of his 
death. 

In January, 1846, Mr. Smith was appointed district attor- 
ney for Dane county, and for six years held this important 
position, giving to the discharge of its duties rare abilit^', 
close attention and thought, and a fidelity to the trust 
reposed in him that is seldom bestowed in professional life. 
He was prompt and ellicient in the discharge of everv duty, 
and rendered the county and state veiy valuable service. 
He soon became marked as a }'oung man of more than 
ordinary ability. This was shown in his being selected by 
his fellow citizens, when he was less than twent3^-four years 
of age, to represent them in the Constitutional Convention 
that assembled in Madison in October, 1846. He was the 
youngest man, in years, there was in that very distinguished 



1-2 HON. GEORGE B. SMITH. 

body of able men; a body generally conceded to have con- 
tained the largest amount of talent of any that ever assem- 
bled in the state. Young as was Mr. Smith, he was able 
to sustain himself with great credit in contests with these 
brilliant minds, and was acknowledged to have been one 
of the most active members of that convention. He was 
chairman of the committee on a bill of rights, a member of 
the committee on the organization and functions of the 
judiciarv, and performed much labor on other committees. 
He favored liberal exemption laws, and to him, perhaps 
more than to anv other man, are the people indebted for the 
liberal knvs that now exist on that subject. He urged with 
great vigor, that the provision be engrafted into the con- 
stitution, and the instrument produced by that convention 
contained advanced views on this subject. The principles 
were so advanced, and carried out so much in detail, that 
this feature was strongly objected to in the discussions of 
the constitution before the people, and afforded one of the 
strongest reasons for its rejection; not so much on account 
of the principle involved, as in the details. It was deemed 
best to si'.uply declare a principle in the organic law, and 
leave the details to the legislature. But Mr. Smith was 
soon gratified, after the state was admitted into the Union, 
by seeing the principles of a liberal homestead exemption, 
for which he had battled so manfully in the first Constitu- 
tional Convention, become a part of the statute law of the 
state; and it still remains so. The constitution then pre- 
sented was rejected by the people, after an excited contest, 
on account of a few of its provisions that were deemed too 
radical for the time. But its main features were adopted 
in the second convention, which met the next year, and 
now form the organic law of the state. 

In the fall of 1853, Mr. Smith was elected attorney 
general of the state, and served for a term of two years 
and declined a re-election. During this term there were 
many exciting questions before the people, and party spirit 



HON. GEORGE B. SMITH. I53 

ran high. Mr. Smith took bold ground in favor of his 
party, and was censured for some of his acts; but, as a 
whole, he discharged the duties of the position with emi- 
nent ability and to the full satisfaction of his own party, 
and, in most acts, to the satisfaction of his opponents. 

Mr. Smith served as mayor of the city of Madison, in 
the years 1858, 1859, i860 and 1878, and always acted as 
he deemed for the best interests of the city. In the years 
1864 and 1869, he represented the capital district in the 
assembly, and was deemed one of the ablest men in those 
bodies, both as a worker on committees and as a debater 
on the floor of the house. He occupied the position of 
partv leader on all political questions. His ability and ex- 
perience fully entitled him to that distinction. The inter- 
ests of his constituents never suffered in his hands. 

In 1864, and again in 1872, Mr. Smith was the demo- 
cratic candidate for congress in his district. In both in- 
stances he canvassed the district with much ability and 
thoroughness, but met with defeat on both occasions, not 
on account of his own unpopularity, but from the fact that 
his party was in the minority. In 1869, he received the 
democratic vote for United States senator, in opposition to 
Hon. Matt. H. Carpenter, the successful candidate. 

He was a candidate for presidential elector in 1868 and 
in 1872. In the latter campaign, he took an active part in 
favor of the election of Horace Greeley to the presidency. 
He represented his state twice in national conventions of his 
party. iVt St. Louis, in 1876, he made a speech, deemed the 
greatest political eflbrt of his life, which gave him much 
national reputation, and would doubtless have been fol- 
lowed with distinguished preferment had the candidates 
there nominated been successful before the people. It has 
been supposed that had Mr. Hendricks declined the 
nomination for the second place on the ticket, Mr. Smith 
would have received the high honor of filling the vacancy 
on the ticket. The only other public position of promi- 



154 



HON. GEORGE B. SMITH. 



nence that Mr. Smith has occupied was, in 1876, when he 
was clesi<mated as one of the distincruished visitors to 
Louisiana, to supervise the canvass of the vote of that 
state for presidential electors. 

Having been an early pioneer to the state, and a con- 
spicuous member of the first Constitutional Convention, 
Mr. Smith naturally took a deep interest in the affairs of 
the Old Settlers' Club, and in the meetings of the surviv- 
ing members of the two Constitutional Conventions. In 
Julv, 1879, he delivered an address before these two or- 
ganizations in Madison; a duty he performed faithfully and 
ably, not only giving the history of these conventions, but 
furnishing also a vcr}' interesting and valuable sketch of 
the early history of Wisconsin. It could hardlv have 
occurred to him and to those who heard him upon that in- 
teresting occasion, that he was so soon to be called away 
from the fellowship of his old associates of the conventions 
of the earlier days. But he contemplated the time when 
their voices should all be hushed, and when the places 
which had known them on earth should know them no 
more forever. Prophetic of such a time, he closed his 
address with the following finely conceived paragraph, 
which, now that he is gone, will have a touching and 
mournful interest to his surviving friends. He said: 

"I hope these meetings may be continued from year to year; that they 
may increase in interest as the members entitled to be here diminish. 
Each recurring meeting, I am sure, will in many respects be sadder and 
sadder for those who come, until tinallv, when the last of this noble 
band of pioneer patriots and public benefactors, enfeebled by age, shall 
come with trembling steps, and with conflicting feelings of pleasure 
and pain — pain that he sees no more the noble forms and familiar faces 
nt those who helped him to lay the fbundation of this grand common- 
wealth; pleasure at the joyful greetmg he will be sure to receive from 
the grateful people he so faithfully served; when this time comes, as it 
surely will come, I besp.ak for this survivor, whoever he may be, a 
rccejitiou and a welcome that shall forever make that day memorable in 
the hislorv ot Wisconsin." 

Little did those who heard tiiis address think tliat the 



HON. GEORGE B, SMITH. I55 

speaker, the youngest member of either convention, and a 
man of apparent robust health, would be among the \-ery 
ilrst to pass over the river. 

Mr. Smith has not occupied the high positions in public 
life which his talents would liave commanded, had his 
party been in the majority. He had the abilit}- and 
acquirements to make his mark in any position. This has 
been shown in his practice at the bar, which has been very 
extensive, and where he has maintained a high standing, 
ranking among the ablest lawyers in the northwest. As 
an orator, as an advocate, and as a political speaker, he 
has had few superiors in the country. He had a fine 
presence, a splendid voice, a forcible manner of speaking, 
that rendered his oratorical eiTorts fascinating and ellective. 
His private life was without spot or blemish. He had 
been a great reader of the general literature of the day, 
and his mind was richly stored with its treasures. Socially 
he was one of the most engaging and entertaining of men ; 
instructive in conversation, quick at repartee, bright and 
wittv, pleasant in manners, he endeared himself to all who 
met him in the social circle. 

As a politician, Mr. S^hth belonged to the democratic 
party; he was positive in his opinions, and bold and un- 
compromising in advocating them. As a strong partisan, 
he was alwa3's armed, ready to defend his own party and 
attack the opposition. Few men in the state performed 
more elTective work for his part}'. His labors upon the 
stump were great, and acceptable to his friends. Mr. 
S.Mrrn was unusually free from malice in his make uj). 
He would strike hard blows to his political opponents, and 
receive the same, without disturbing personal friendship. 
1 le was courageous, quick to resent and repel insult and 
injury, free and prompt to forgive, and ready to meet his 
adversar}' half way in the settlement of any difficulty. 

On the 29th of August, 1844, Mr. S^hth was married 
to Miss Eugenia Weed, of Medina, Ohio, an estimable 



156 HON. GEORGE B. SMITH. 

lady, worthy of him, and one to whom he was devotedly 
attached in all the relations of life. They were blessed 
with the birth of five children, two of whom, James S. and 
Anna, now Mrs. Robert J. McConnell, survive, and the 
other three preceded the father to the grave, and it is hoped 
they are now joined with him in the life of the blessed. 

As a citizen, Mr. Smith was generous, and labored 
earnestly and zealously for the development of the mate- 
rial interests of his own beautiful city, the state of his adop- 
tion, and of the whole country. 

In the matter of accumulating a fortune, Mr. Smith was 
not a great success. He was too generous to lay up 
money. He could earn it, but the saving of it was not to 
his mind. He felt that money was good only for its uses; 
for the happiness it might procure; and, for the comfort of 
his family, he would freely expend it. In the estimation of 
some, he w^as in error in this respect; but all must admit, 
if error at all, it was error in the direction of generosity, 
humanity and kindness — free from all selfishness. His 
great object in Hfe w^as to render happy his family and his 
friends; to act well the part of a citizen and a neighbor. 
In this, he has succeeded in ^ marked degree. While he 
has not acquired wealth, in the common acceptation of the 
term, he has secured that which is vastl}- more valuable — 
a life of home happiness. 

Mr. Smith stood pre-eminent in his chosen profession. 
For many years he w^as the leader of the Dane county bar, 
and the senior in the years of practice. In the slate, most 
of the associates of his early years, in practice before the 
several courts, preceded him to the grave. In brief remarks 
by Hon. Harlow S. Orton, one of the early friends of 
Mr. Smith, delivered at a meeting of the Dane county bar 
association, on the 7th of November, 1879, ^^ made refer- 
ence to the prominent men in practice at the bar of the 
supreme court at the time he first met Mr. Smith, in these 
words: 



HON. GEORGE B. SMITH. I57 

" There were then in attendance upon the supreme court, 
Gen. William R. Smith, Albert Smith, A. D. Smith, 
Judge DuxN, Samuel Crawford, James H. Kxowltox, 
Alexander Botkix, David Noggle, James Holliday, 
James S. Browx, Ja:mes B. Cross, D. A. J. Upham, 
II. N. Wells, Jonathan E. Arnold, Gen. Paine, Isaac 
P. Walker and Judge Chandler, and on the bench of 
the court, Judges Wiiiton, Stowe, Hubbell and Knowl- 
tox, all of them long since sleeping with the dead; and 
amongst them are all the members of the first separate 
court; and to this grand array of great lawyers and able 
men, now in another and a better world, our deceased 
brother has been added, a fit associate of such high society." 

In his family relations, Mr. Smith was peculiarly happy, 
and it was at his home where his real character shone out 
most brightly. As a son, he was dutiful, affectionate and 
considerate; as a husband, father and grandfather, he was 
kind, loving, patient and tender, and doted with the strong- 
est affection upon his wife, his children, and his grandchil- 
dren. It is in these sacred relations of life that the true 
and noble character of the real man is shown; and herein 
Mr. Smith stood pre-eminent, and beautifully illustrated 
the truth of the words of the poet, in the lines: 

"Domestic happiness, thou only bliss 
Of Paradise, that hast survived the Fall! 
Thou art the muse of Virtue; in thine arms 
She smiles appearing, as in truth she is, 
Ileaven-born, and destined to the skies again." 

Mr. Smith was an able, interested and valued member 
of the State Historical Society, and loved to spend liis leis- 
ure hours in looking o\'er the rare treasures in its librar}-. 
He was ever ready to defend and promote the interests of 
the society. 

Mr. Smith was truh' a western man. He loved the 
state of his adoption, and never failed to defend her inter- 
ests in all places with that force and eloquence with which 



I^S HON. JOHN YATES SMITH. 

naliire had endowed liim. I lis oratory was wes' ern — bold, 
aggressive and strong. His rhetoric may have been fauhy 
at times, showing a want of a liberal education, but it never 
lacked clearness and force. I lis style of speaking was 
natural. His words flowed easily, and his gesticulation 
was impressive. Force was a leading characteristic in his 
speaking, and as he warmed up in his subject, he was often- 
times lofty and truly eloquent. As an effective political 
speaker, Mr. S^hth had few^ superiors in the west. He 
was apt in illustrating his speeches with pointed anecdotes 
culled from his extensive ijeneral readinrr. Beinu jjener- 
ally well informed on most of the current topics of the 
day, Mr. S:\riTH was prepared to be called upon for re- 
marks on almost any subject at short notice. He rarely 
failed to meet the high expectations of his friends, in his 
speaking, whether he was specially prepared or not. In 
this respect, he was a remarkably useful man in com- 
munity. Nature had endowed him with a form of 
manly dignity and a face presenting remarkable suavity 
and benevolence. 

"Death found strange beauty on that poHshcd brow, and dashed it out." 

George B. Smith is now at rest. He died on the 
morning of September i8, 1879, in the 56th year of his 
age. 

HON. JOHN YATES SMITH. 

John Yates Smith w-as born near Evans' Mills, town 
of Le Roy, JelTerson county. New York, February 10, 
1807. His father, Peter Smith, was born in Ireland — 
probably the northern part, and came to this country as a 
soldier in Burgoyne's army, during the war of the revolu- 
tion. His mother, Polly Petit, was a niece of Ethan 
Alli<:x. They settled in w^estern New York at an early 
period, and endured every privation and hardship incident 
to pioneer settlement. By the death of the parents the 
famil}- soon became widely scattered, so that complete de- 



HON. JOHN YATES SMITH. I59 

tails of the after career of the members cannot now be 
obtained. 

The subject of this sketch, after many privations, 
secured the advantages of a limited conmion school edu- 
cation, but may properly be pronounced self-educated. 
He was by trade a carpenter and mill-wright; afterwards 
a farmer and editor. He emigrated to the west and set- 
tled at Green Bay, May i8, 1828, after a trip by schooner 
upon the lakes of one month from BufTalo. He was 
speedily employed, and built the first flouring mill and 
second frame house in what is now Wisconsin. In 1835, 
he located a '■float" — /. c, entered 80 acres of land — in 
what is now the city of Milwaukee. The sudden rise in 
value, which seemed to promise speedy fortune, was dis- 
sipated by the re\'ulsion of 1837, when he sold out at a 
large sacrifice, and purchased a farm in Waukesha county, 
which after a few years' trial he disposed of, and removed 
to Madison, where his abilities as a writer and editor gave 
him great prominence. He was elected commissioner of 
public buildings in 1842, by the legislature, and superintend- 
ent of public property in 1843, 1844 and 1845, in which 
capacity and under his superintendence the old capitol was 
finally completed and rendered fit for use. 

He was three times married, first to Anna Weed Kel- 
lo(;g, a teacher in the mission school at Green Bay, Sep- 
tember 27, 1832. She died in Madison, March 3, 1847. 
He then married Harriet Wright, July 5, 1847. She 
died September 7, 1851. March 18, 1852, he married 
Sarah Ann Warner, who still survives. 

He was elected a member of the Constitutional Conven- 
tion in 1846, and served in that body on the committee on 
schedule for the organization of the state government, as 
well as on numerous select committees, and took a very 
important, though quiet part, in framing the several articles 
of the proposed constitution. 

But it was as a writer and editor that Mr. S.ahtii was 



l6o HON". JOHN YATES SMITH. 

chiefly distin-^aiished. His mental training was clear, dis- 
criminating and severely logical. A great reader and 
cautious thinker, he had acquired a wealth of information 
ready at command on all occasions; but his specialty was 
the science of political economy, and metaphysical inquiry 
in all its branches, including constitutional law. In his day, 
it is doubtful if he had a peer in the west his equal in the 
discussion of the most profound problems of government, 
and his services in this particular were in request during 
the war of the rebellion, as an aid and guide to national 
legislation. Wisconsin was singularly fortunate at the 
period immediately preceding state organization, in having 
a press whose editors were capable of discussing funda- 
mental principles divested of party prejudices, and of lead- 
ing and creating, instead of following blindly the immature 
suggestions of merely partisan leaders. To their forecast, 
sagacity and far-seeing penetration, the state owes all the 
best features of a constitution which for a period exceeding- 
thirty years has undergone less changes than probably any 
other in the west. Moreover, its public men, representing 
the diverse ideas of the time, were in the highest sense cul- 
tured and great. To have ranked as an equal among 
these, was no ordinary honor. 

Mr. Smith terminated his connection with the press in 
185 1 ; resuming it again, for a short time only, some years 
later; but his writings for the principal reviews and pub- 
lications of other kinds designed for greater permanence, 
were continued to the close of his life. His labors have 
left an enduring memorial of the times in which he lived. 
Few did as much, and none more than he to build the new 
state on the solid foundations of right, justice and equality. 

He died May 5, 1874, ^^ '^i^ residence in the town of 
^Madison. 

Of the more important of the writings of Joiix Y. 
Smith, the following are noted: 

I. A series of articles on the Power of Conaress over 



HON. JOHN YATES SMITH. l6l 

the Territories; written before the admission of Wisconsin 
to the Union, to combat the erroneous idea of territorial 
rights, which had ahiiost pkinged the territory of Michigan 
into rebellion. These articles are understood to have had 
much iniluence in placing Wisconsin in a proper attitude 
before the federal government. 

2. Two elaborate papers against Usury Laws, publislicd 
in the Democratic Rcviczv, in 1850. 

3. A paper on the Agriculture of Dane County, pub- 
lished in the transactions of the State Agi'icultural Society 
of Wisconsin, 185 1. 

4. A paper on the Adaptation of Crops to Soil and 
Climate, published in the same work for 1852. 

5. An address before the Madison Institute, 1855, on the 
Rank of the Human Race among the Rational Orders of 
the I'niverse. 

6. A series of articles against taxing evidences for debt, 
written about 1856. 

7. A paper on the Origin of the American Indians, read 
as the annual address before the State Historical Society, 
January, 1859, published in volume IV of the society's 
collections. 

8. A speech delivered at Madison, March 14, 1861, on 
the state of the country. This was the first vigorous war 
speech made in the state. 

9. A series of articles published in the Ar<^ns, in 1861, 
advocating the doctrine, that states by revolting lapsed into 
the territorial condition. These articles were written be- 
fore Senator Sumxei^ ad\'anced the same doctrine in his 
ydo dc se resolutions. Subsequently, he prepared a lengthy 
article on this subject, which attracted the attention of 
Hon. Amasa J. Walker and Hon. Charees Sumner, and 
other political economists and statesmen of the country. 

10. x\ pamphlet on the Depreciation of the Currency, 
published in 1865. 

11. A review of Senator Doolittle's speech at Madi- 

II 



l62 IIONS. SEWALL SMITH — WILLIAM R. SMITH. 

son, September 30, 1865, on Reconstruction, published in 
that year. 

12. A paper on Eleazer Williams and the Lost 
Prince, read before the State Historical Society, March 10, 
1870, and published in volume VI of the collections of the 
society — an exhaustive article on a subject which had a 
few years before excited so much discussion, and settling 
the question beyond all doubt. 

13. A paper read before the Wisconsin Academy of 
Arts and Sciences, February 15, 1870, on the Laws which 
Govern the Configuration of Comets. 

14. A paper also read before the Wisconsin Academy 
of Arts and Sciences, in 1874, ^^ ^^^ Effect of Duties on 
Imports upon the Value of Gold. 

HON. SEWALL SMITH. 

Sewall Smith was a native of the state of Vermont, 
born in 1802, and was by profession a farmer. He was an 
early settler in East Troy, Walworth county, from which 
he was elected to the first Constitutional Convention in 
1846, in which body he served on the committee on banks 
and banking. He was a gentleman of fair abilities, well 
cultured, and much esteemed by his associates. At latest 
dates he was still living, at a ripe old age. 

HON. WILLIAM R. SMITH. 

General Smith was born in La Trappe, Montgomery 
county, Pennsylvania, August 31, 1787. His ancestry on 
his father's side was Scotch; on his mother's, Swedish. 
lie was carefully educated in youth, under the care of his 
grandfather, provost of the college, now university, of 
Pennsylvania. His father was William Moore Smith, 
an eminent lawyer and poet. In 1803, he visited England 
on business, taking his son Willia:m R. with him, where 
he commenced the study of the law, which he ever after 
followed as a profession, although much of his time for 



HON. WILLIAM R. SMITH. 163 

several years was devoted to literary writing and poetry 
for the principal newspapers and reviews of that period. 

lie married in 1809, and settled at Iluntino-don, on the 
Juniata river, following his profession for a period of over 
twenty years, during which time, liowever, he \\'as repeat- 
edly elected a member of the legislature, was presidential 
elector in 1836, besides holding various military appoint- 
ments from the rank of lieutenant to that of major-general. 

In 1837, he was appointed commissioner, in connection 
with Gov. Henry DoDxE, of Wisconsin, to negotiate a 
treaty with the Chippewa Indians, convened at Fort Snell- 
ing, which resulted in the purchase of a large part of the 
territory now embraced in the state of Minnesota. In 1838, 
he removed with his family to Mineral Point, Wisconsin, 
where he made his home during the r.emainder of his life. 
In 1839, he was appointed adjutant general of the territory. 
In 1846, he was elected clerk of the council of the territory', 
and the same year, a member of the Constitutional Con- 
vention. He served in this body as chairman of the com- 
mittee on militia, and as a member of the committee on the 
organization and functions of the judiciary, and took a 
prominent part in all proceedings. After the organization 
of the state, he was elected chief clerk of the senate in 
1849 and 1850. In 1855, he was elected attorney general 
of the state. 

During a long career, he filled many offices of honor and 
usefulness of minor kind; — an enumeration is not deemed 
necessary. In whatever position placed he took a promi- 
nent and useful part, and was noted for brilliant abilities, 
laborious research, and conscientious convictions. In 1853, 
he was emploved by the state, and prepared its history 
from the earliest French discovery to the territorial organ- 
ization in 1836. He died August 22, 1S6S, while on a visit 
to Quincv, Illinois. 



164 IIONS. SOrER — STEELE — STOCKWELL. 

HON. EVANDER M. SOPER. 

E\-ANDER M. SoPER was a native of Vermont, born in 
1810, and by occupation a mechanic. He was elected a 
member of the first Constitutional Convention from Mani- 
towoc county, and served in that body on the committee 
on banks and banking, but otherwise took no prominent 
part in the proceedings. He was a gentleman of sterling 
integrity and worth. He is reported as having died several 
years ago. 

HON. ELIJAH STEELE. 

Elijah Steele was a native of the state of New York, 
born in Watervliet, New York, November 13, 1817. He 
married Lucia A. Hart, and resided for a time in Os- 
wx'go. He settled in Southport (Kenosha) among the 
pioneers, and was a lawyer by profession. He was elected 
to the Constitutional Convention in 1846, from Racine 
count}-, and served on the committee on the revision and 
adjustment of the articles of the constitution adopted bv 
the convention, and was a very useful but not prominent 
member. After the adjournment and a few years later, he 
removed to California, and has been a member of the legis- 
lature of that state. He was living when last heard from, 
but little has been obtained in regard to his personal 
record since the time of the convention. 

HON. THOMAS S. STOCK W^ELL. 

The place of nativity and date of birth of Mr. Stock- 
wi-:ll arc not recorded in the public records, through 
some oversight in their preparation. He was elected to 
the Conslilulional Convention from Racine county in 1846, 
but his name does not appear on an}' of the standing com- 
mittees, and he took no important part in the proceedings. 
He is remembered as a wo'-thy gentleman, of honest and 
sincere jmrposes, who discharged every duty of his posi- 
tion with conscientious fidelity. Of his after career the 



HON. MARSHALL MASON STRONG. 165 

committee have no record. At latest advices, he still lives 
in the town of Salem, but much enfeebled by age and 
infirmities. 

HON. MARSHALL MASON STRONG. 

The career of Mr. Strong in Wisconsin is so insepara- 
bly interwoven with the history, rise and progress of both 
territor}'^ and state that, it is not possible to separate them 
in a biographical sketch designed to record the public ser- 
vices of distinguished citizens in pioneer times. lie de- 
scended from an ancestry conspicuous for ability and 
prominence from near the beginning of the annals of 
American colonization, — a grand race tiiat has written its 
record on public atlairs for a period of about two and a 
half centuries. The genealogy of the family furnished the 
committee is as follows: 

Elder John Strong was born ancl lived in Taunton, 
Somersetshire county, England. He was a son of Rich- 
ard Strong. lie emigrated to America in 1630, settling 
in Dorchester, Massachusetts. He married his second 
wife, Abigail Ford, at this place in 1635. Soon after, he 
removed to Windsor, Connecticut, and assisted actively in 
colonizing the new town with new arrivals from the old 
country. In 1660, he removed to Northampton, Massa- 
chusetts, and died there in 1669, at the age of ninety-four 
years. He was the father and founder of the Strong 
family in this country, and the first ruling elder of the 
church in Northampton. 

Samuel Strong, a son of Elder John Strong, was 
born August 5, 1652; settled as a farmer in Northampton, 
and died tliere October 29, 1732, at the age of eighty. 

Nehemiaii Strong, a son of Samuel, above named, 
was born in 1694; removed to Amherst, Massachusetts, 
about 1741, and died there February 28, 1772, aged sev- 
enty-eight years. He was the father of Professor Nehe- 
miaii Strong, of Yale college. 
Judge Simeon Strong, son of N]:hemiaii, was born 



1 66 HON. MARSHALL MASON STRONG. 

March 6, 1735; graduated at Yale in 1756, and soon at- 
tained great eminence both as a preacher and lawyer. He 
was chosen a representative in the general court in 1767, 
state senator in 1793, and a justice of the supreme judicial 
court of Massachusetts in 1800, in which position he served 
until his death, December 14, 1805, at the age of sixty-nine 
years. 

Hezekiah Wright Strong, son of Judge Strong, 
above named, was born December 24, 1768; graduated at 
Yale in 1800; a lawyer by profession, in which he achieved 
marked distinction. He died at Tro}^ New York, Octo- 
ber 7, 1848, at the age of sevent3'-nine years. 

Marshall Mason Strong, the subject of this sketch, 
son of Hezekiah W. Strong, was born September 3, 
181 3. He received a thorough collegiate and legal educa- 
tion, and was by profession a lawyer. May 27, 1840, he 
married Amanda Haw^ks, of Troy, New York. January 
27, 1846, during the absence of her husband at Madison, 
as a member of the territorial council, she, with her two 
children, were burned to death in a tire that, breaking out 
in the night time, destroyed both family and home. Sep- 
tember 19, 1850, he married for a second wife Emelie M. 
IIll>lvnn, of Racine. He died March 9, 1864, at the age 
of fifty years. 

Mr. Strong was a native of Amherst, Massachusetts, 
where he spent his early years at the academy and col- 
lege of that place, but tinished his collegiate course, and 
graduated at Union College, Sclienectady, New^ York. 
He then engaged in the study of law, at the city of Troy, 
in that state, and was there admitted to the bar. 

In June, 1836, he came to Wisconsin, then almost an 
unsettled country. In 1839, 1^^ ^vas elected a member of 
the territorial council, and was one of a committee of three 
fi-om thai body to revise the laws of the territory, in which 
ca]\Kily lie faithfully performed his duties. From that 
time f(jrwartl hi.s reputation was established in the front 



HON. MARSHALL IMASON STRONG. 1 67 

rank of his profession throughout the territory. In 1S44, 
lie uas again elected to the territorial council, for the years 
1844-5, '^"'^^ again re-elected for the years 1846-7, where 
he continued to perform his duties with untiring industry 
until an appaling calamity, in 1846, called him for a season 
from his labors to mourn in silence and soHtude the entire 
loss by fire of a much loved and interesting family. As 
time restores the deeply afflicted to themselves, to society, 
and to the business of the world, his usual cheerfulness 
returned to him, and he to his professional labors. 

lie was elected a member of the Constitutional Con- 
vention in 1846, serving in that body as chairman of the 
committee on constitution and organization of the legisla- 
ture; and also was a member of the committee on the 
organization and officers of counties and towns, and their 
powers and duties. He took a very prominent part in all 
the labors and debates of the convention; but, in the end, 
so widely differed from the majority that he resigned be- 
fore the close of the session, and was very active in his 
efforts to defeat the constitution when submitted to popular 
vote, — indeed, may be said to have been the chief cause 
of its final rejection at the polls. 

In 1849, he was again elected to the state legislature, 
took an important part in the revision of the statutes of 
the state, and then permanently retired from the political 
strife so necessarily connected with public life, and which 
was uncongenial to his thoughtful, quiet and domestic na- 
ture. In 1850, he again married, and the domestic happi- 
ness enjoyed by him and his interesting familv was rarely 
equaled. lie left a wife and three children to mourn, in 
common with the whole community, their and the public's 
irreparable loss. 

While his strict sense of justice prompted him on all 
occasions to be exact in the financial affairs of his clients, 
and in no way reckless or extravagant in his own, vet he 
had less love of monev for its own sake than must men of 



l68 HON. MARSHALL MASON STRONG. 

the present day, as his liberal use of it for the good of 
others will bear witness. His general reading, aside from 
his profession, was extensive and varied. His love of litera- 
ture and science prompted him to spend time and money 
for the establishment of Racine College, and the erection 
of the college buildings, being always forward in such 
pubHc or private enterprises as the public good seemed to 
require. He was a man of strong will and great firmness 
of purpose, vet seeking less his own advantage than what 
he concei\ed to be for the public good. 

During the terrible struggle of the rebellion in which 
our country was involved, he was an unconditional sup- 
porter of the government, using his means, employing his 
pen, and lifting his voice, while strength lasted, to aid the 
cause which all true patriots are anxious to see triumphant. 
As a public speaker, he had a happy faculty of stating his 
views clearl}', in ^re and concise language ; his reasoning, 
tliougli not characterized by any labored attempts at orna- 
ment, was forcible and convincing, and never, even in the 
heat of debate, did he allow passion to influence or control 
him. 

In his intercourse with his fellow men, he was courteous 
and gentlemanly. Toward his professional brethren he 
was unassuming, and ever ready to advise and assist the 
vounger portion, who placed unlimited confidence in his 
judgment and rectitude. Dignity characterized his bearing 
in court, as elsewhere, and his uprightness, fairness and 
candor in trying causes, gave him as much influence with 
the court and jury as a man ought to have; but that influ- 
ence was ever used to promote justice, and never abused. 
No person had just cause to complain that he ever endeav- 
ored to obtain an unfair advantage, and yet his sagacity 
and watchfulness were an effectual guard and protection 
to his clients' interests. His exalted views of the nature 
and duties of his profession were such that he despised the 
liicks and chicanery resorted to by many, and always used 



HON. MOSES M. STRONG. 1 69 

his influence to effect a settlement of dilliculties between 
litio-ants, rather than add fuel to the flame. He had a quick 
apprehension, retentive memory, a discernment remarkably 
active, and reasoning faculties eminently vigorous. Mis 
philosophical mind, in originality and profundity of thought, 
was equaled by few. Had he occasion to investigate any 
subject, he was persevering in research, and tliorougli in 
study. In conversation, uncommonly instructive. In pri- 
vate life, a genial companion — always tender and compas- 
sionate to the poor — always ready to relieve them — 
strictly temperate in his habits, and entirely free from the 
vices into which mortals but too often are led. In short, 
truth, justice and gentleness, than which nothing can be 
more sacred and pure, mingled in his e\-jry act, and char- 
acterized the man. He closed his labors and his life among 
us, retaining the love of his immediate friends, and the 
respect and confidence of all who knew him. 

HON. MOSES M. STRONG. 

MosES McCuRE Strong is a descendant from Puritan 
stock, long settled in America. His paternal ancestor, 
Elder John Strong, emigrated to New England, and set- 
tled at Dorchester, Massachusetts, in 1629, and died at 
Northampton, to which place he had removed, at the age 
of 94 years. His grandfather w'as Hon. John Strong, born 
August 5, 1738, who settled at Addison, Vermont, opposite 
Crown Point, New York, several years before the war 
of the revolution, in the military events of which he took 
a distinguished part. His father, Moses Strong, born 
July 6, 1772, was a distinguished lawyer and judge, resid- 
ing at Rutland, Vermont, where he died in 1842. He was 
married December 20, 1801, to Lucy Maria S^hth, 
daughter of Dan S>hth, of West Haven, Vermont, who 
was a descendant of John Cotton S.^hth and Cotton 
Mather. 

!MosES M. Strong was born in Rutland, Vermont, May 



I-JO HON. MOSES M. STRONG. 

20, 1810. After five years spent in village, and three in 
county grammar school at Castleton, he studied three 
years" in Middlebury College, and one in Dartmouth, 
where he graduated in 1829. July 31, 1832, he married 
Caroline Frances Green, daughter of Dr. Isaac 
Green, of Windsor, Vermont. 

The public career of Mr. Strong has been so long and 
prominent in the west, that we should do injustice not to 
record its most striking features in full, for which purpose 
we extract liberally from a sketch written by Col. Willia:m 

B. Slaughter, already made public through the news- 
paper press. 

Mr. Strong received his earliest educational instruction 
from his mother. After eight years spent in primary 
schools, he entered the freshmen class of Middlebury Col- 
lege, Vermont. Three years after, he joined the senior 
class of Dartmouth College, where he graduated in 1829. 
Having graduated, he entered the law office of Rodney 

C. RovcE, and at the expiration of one year, he entered 
the law school at Litchfield, Connecticut, where he re- 
mained one year, when, after a thorough examination in 
open court, by the judges and members of the bar, he was 
admitted to practice in all the courts of Connecticut. In 
1833, he receix'ed the appointment of deputy surveyor gen- 
eral of the state of Vermont. In 1835, when the Demo- 
cratic and Whig parties were being organized for the 
approaching presidential election, although Mr. Strong's 
father and numerous relatives were all Whigs, yet the 
leading measures of Jackson's administration met his ap- 
proval, and he cut loose from his political associations, and 
supported Mr. Van Buren for the presidency. In 1836, 
while at Washington City, he was engaged by Governor 
HuBHARD, and others, to invest large sums of money in 
government lands, and, under their directions, he went di- 
rectly to Mineral Point, in Wisconsin, and invested the funds 
intrusted to him. Upon his arrival, he opened a law and 



HON. MOSES M. STRONG. I7I 

land agency office, and has made that place his home ever 
since. In 1837, Mr. Strong received an appointment from 
General Lytle for surveying government lands on the 
west side of the Mississippi river, in what is now Jackson 
and Dubuque counties. In 1838, he was appointed United 
States attorney for the territory of Wisconsin, which office 
he held three years, discharging its duties with punctuality 
and abilit}^, and acquiring high professional distinction. In 
1 84 1, Mr. Stronc; was elected a member of the legislative 
council, to fill a vacancy, and in 1842, was re-elected for 
the full term of four years, in which he took a prominent 
and active part on all questions brought before it, and was 
twice elected as its president. He was elected as one of 
the delegates to the Constitutional Convention, which as- 
sembled in Madison in 1846, and was one of the most 
prominent and conspicuous members in that body. 

He was chairman of the committee on suffrage and elect- 
ive franchise, a member of the committee on the constitu- 
tion and organization of the legislature, president fro fcui., 
and served in so many capacities on special committees and 
routine business, that a bare enumeration would be tedious. 
Throughout all the proceedings his work is visible. He 
was a leader among the master minds who put an indelli- 
ble impress on the organic law of the present state in all 
its most distinguishing and liberal features. 

Owing to causes that the present generation would 
scarcely understand, the proposed constitution failed of rat- 
ification by a ma.jorit\-, when submitted for appro\-al. An- 
other convention was chosen in 1847, whose chief work 
was one of revision and amendment. It completed its 
labors on the ist of February, 1S48, and the constitution 
was finall}' adopted in March. In November, 1849, Mr. 
Strong was elected to the assembly, and, at the meeting 
of the legislature, in 1850, was chosen speaker. The ses- 
sion lasted thirly-f(Hn- da\'s, being the shortest ever held in 
the state, mainl\- due to the promptness and ability of the 



172 HON. MOSES M. STRONG. 

speaker. In 1S56, he was again elected a member of 
the assembly from Milwaukee. 

In 1852, he devoted much of his time in aiding the con- 
struction of the La Crosse and Milwaukee Railroad, and, 
afterwards, in constructing the Mineral Point Railroad. 
He drew up the charter of the La Crosse Railroad, 
and its adoption was due chiefly to his eflbrts. He was 
elected its lirst president, and continued in its ■ manage- 
ment until the financial disaster of 1857. He was also 
president of the Mineral Point Railroad which he mate- 
rially benefited by successful arrangements with the Illinois 
Central and Galena and Chicago Railroads. Mr. Strong 
spent six j-ears in promoting the success of these enter- 
prises, which withdrew him from his profession of the law, 
and it required years of laborious effort to regain what he 
had lost. 

Nature endowed Mr. Strong with rare gifts, among 
them a vigorous physical constitution, an intellectual ability 
of a high order, logical, discriminating and comprehensive. 
He is an able debater, a close reasoner, an impressive, and 
occasionally an eloquent speaker. He has acquired an 
enviable reputation at the bar, and in the legislative coun- 
cils, in which bodies, as a parliamentarian and presiding 
officer, he has had no superior in the state. But his knowl- 
edge of the principles of law, his calm deliberation, his logi- 
cal power and analytical acumen, would better fit him for 
the bench than the bar. There is no public position, how- 
ever, that he could not fill with credit and usefulness. He is 
tlie very embodiment of mental and physical force, — and 
has ever been a natural leader among men from the neces- 
sities of his organization — a position always conceded from 
the beginning of his career. Few, indeed, have real- 
ized as wide and varied an experience in pioneer life. 
None are more deserving of popular favor and trust, or 
would confer greater honor upon the state. 



HONS. PATRICK TOLAXD — JOSIAII TOPPING. 1/3 

HON. PATRICK TOLAND. 

Patrick Toland was a pioneer settler in Wasliintrton 
county, residing at Toland's Prairie. He was born in i8ot, 
and was by profession a farmer. He was elected to the 
Constitutional Convention in 1846, and served on the com- 
mittee on finance, taxation and public debt. While not 
very conspicuous as a member, he was highly respected 
for pleasant demeanor, and strong- native common sense. 
He died several years ago, but the date is unknown. 

HON. JOSIAII TOPPING. 

The ancestors of Mr. Topping came from England. 
His parents settled in Charleston, Montgomery county, 
New York, in 1796, at which place Josiah Topping was 
born, February 16, 1798. He received a common school 
education, and became a farmer. He was married on the 
29th of April, 1820, to Miss Polly Young, with whom 
he lived fifty three years. She died July 2, 1873. For 
some years the parties resided in Schoharie county. New 
York. On the 3d of January, 1840, the family located in 
Sharon, Walworth county, Wisconsin, at a point known as 
Topping's Corners. Mr. Topping erected the first frame 
house in the township, and the first town meeting was held 
at his house. There were but six \'oters present. Messrs. 
H. S. Young and J. H. Topping petitioned to have the 
town named Sharon. 

In 1846, Mr. Topping was elected as one of the repre- 
sentatives from the county of Walworth in the first Con- 
stitutional Convention. In that bod\-, he served on the 
committee on the militia. He was not a man of many 
words, but occupied a respectable position in that body of 
very able men. 

Mr. Topping is still living (1880), being over eight3--three 
years of age, and is a respected citizen of Walworth 
county. 



174 ^'°^' I'ETER H. TURNER. 

HON. PETER H. TURNER. 

Peter H. Turner was born in the town of German Flats, 
Herkimer county, New York (the location is now called 
Illion), on the 13th of April, 18 13. His father was John 
Turner, and the maiden name of his mother was Mary 
Ellis. The ancestry of the family is recorded in unbroken 
line from 1664, at which time it was already settled in 
America. His education was common school. He resided 
at several places in New York, employed as deputy clerk 
of court, or in mercantile business until 1840, when he re- 
moved to the territory of Wisconsin, settling in the town of 
Genesee, Waukesha county, and engaged in farming. In 
1842, he removed to what is now the town of Palmyra, Jef- 
ferson county, and followed the same pursuit. In the spiking 
of 1846, he embarked in mercantile business, following the 
same until 1857, when he removed to Madison and engaged 
in the foundry business. In 187 1, he removed to Turner 
county, Dakota tcrritorv, his present permanent residence. 

He was married December 26, 1836, to Lydl\ Ann 
S^HTH, of Adams, JetTerson county. New York, who died 
at Palmyra, Wisconsin, March 25, 1858, after which he was 
again married to Sarah H. Smith, sister of his former wife. 
Previous to his election as member of the Constitutional 
Convention in 1846, Mr. Turner had held several minor 
but important public positions. In tliat bod}' he served 
upon the committee on the schedule for the organiza- 
tion of slate government. In 1848, he was elected to the 
first legislature under the state organization, and in 1850, as 
senator; was admitted to the bar in 1849; filled the office 
of postmaster at Palmyra for about eight years, and sub- 
sequently, while a resident at Madison, was an alderman, 
president of the common council, deputy clerk, treasurer, 
county commissioner, etc. 

It will be seen from this brief sketch that the career of 
Mr. Turner has been a varied and wide one. He first 



HOX. JOIIX, II. TWEEDY. 1 75 

aided in making the organic law of the state and then took 
a leading part in its first legislatures in organizing its va- 
rious departments, giving them the form, and endowing 
them with the vital force they have ever since retained. 
In every position, public or private, his career has been 
without stain or reproach; his honesty and integrity ever 
being far above either calumny or suspicion; his record in 
all senses having been honorable, useful, and worthy of 
commemoration as an exam;»le to the future. 

HOX. JOHN II. TWEEDY. 

John H. Tweedy was born in Danbur}-, Connecticut, 
November 9, 1814. After a preliminary education, he 
entered and graduated at Yale College, and adopted law 
as a profession, in the practice of which he speedily 
obtained high distinction. As a public man and prominent 
citizen he has been widely known from the beginning of 
territorial government. He located in Milwaukee in 
October, 1836, and has ever since resided there. In 1841 
and 1842, he was elected a member of the territorial council. 
In 1846, he was elected to the Constitutional Convention 
from Milwaukee county, serving in that bod\- on the com- 
mittee on the constitution and organization of the legisla- 
ture, and also took a conspicuous part in the general 
proceedings. In 1847, he was elected territorial delegate 
to congress, being the last incumbent in that position. 
After state organization he was the first whig candidate 
for governor, but as the democratic party was then largely 
in the majority, he was defeated by Nelson Dewey. In 
1853, he served as a member of the assembly. Since that 
time, Mr. Tweedy has retired from public life, and, unless 
locally, has taken no special part in political alTairs. 

During his whole career, Mr. Tweedy has been noted 
for great and conspicuous abilities, profound learning, ster- 
ling integrity and unselfish interest in all enterprises for 
the promotion of the general welfare. Naturally a student, 



176 HON. DON A. J. UPHAM. 

of retiring disposition and modest merit, he has usually 
preferred quiet and retirement to publicity, and only exer- 
cised his great powers of oratory and persuasion, on 
pressing and important occasions. Wisconsin has had no 
worthier or more upright citizen. 

HON. DON A. J. UPHAM. 

The ancestral record of the family of Hon. Don Alonzo 
Joshua Upham in America dates from about the year 
1680, John Upham, founder of the family, immigrating 
from the west of England, having settled in Maiden, near 
Boston, Massachusetts, in that year. From thence the 
descendants, in the lapse of years, located from time to time 
in other colonies. Joshua Upham, his father, was born in 
the valley of Connecticut river, upon a farm which had 
been in the possession of the family for over a century, and 
subsequently removed to Vermont, where the subject of 
this sketch was born in Weatherslield, Windsor county, 
May I, 1809. 

As a preparatory to a legal profession, which he had 
chosen, he was first placed in a high school at Chester, 
Vermont, and subsequently in one of higher grade at 
Meriden, New Hampshire, after which he entered the 
sophomore class at Union College, New York, and gradu- 
ated therefrom with the highest honors in 1831. He was 
soon after appointed assistant professor of mathematics in 
Delaware College, Delaware, and three years later he 
entered as a law student in the ollice of Hon. James A. 
Bayard, of Wilmington; was admitted to the bar in 1835, 
and commenced law practice, in connection with editorial 
labor. 

In 1837, he visited the west, and after a lengthy exam- 
ination of the new country, located in the village of Mil- 
waukee, Wisconsin territor}', whose s'ittlement had 
coiumenced the previous year, and where hj resided until 
liis deatlKjuly 19, 1877. He was married, October 20, 



HON. DON A. J. UPIIAM. 1 77 

1836, to Elizabeth S. Jaqui:s, of Wilmington. The 
family, consistino- of the mother, two sons, — Maj. John J. 
Upham, U. S. a., and Horace A. J. Upham, attorney-at- 
law, — and three daughters, now Mrs. George II. Ray- 
ivioxD, of Smyrna, Delaware; Mrs. II. B. Taylor, of 
Chester, Pennsylvania; and IVIiss S. M.J. Upham, of Mil- 
waukee, all survive him. 

The pulilic career of Mr. Upham was marked by the 
usual variety and vicissitudes of pioneer times. In 1833, 
he served for a season as assistant editor of the Delaware 
Gazette. In 1835, he was elected city attorney of Wilming- 
ton, and from 1834 ^^ ^^37 ^^'^^^ editor and proprietor of 
the Gazette and WatcJnnan^ which connection continued 
until his removal to the west. In 1840-1, he was elected a 
member of the territorial council of Wisconsin, in which 
position he served for two years. In 1843, he \\'as elected 
prosecuting attorney for Milwaukee county, and in 1846 
was elected a member of the first Constitutional Conven- 
tion, by which body he was chosen as its president. In 
1849 and 1850, he w^as elected mayor of the cit}- of Mil- 
waukee. In 1 85 1, he w^as nominated by the democratic 
party as candidate for governor of the state, but was de- 
feated by a small majority. From 1857 to 1861, he was 
United States district attorney for the district of Wiscon- 
sin. Owing to failing health, he retired from professional 
life in 1863, and thereafter took no acti\-c part in public 
atlairs. 

Mr. Upham was, b}- inclination and habit, a student,— 
preferring the quiet of stud}' and professional labor to a 
public career. Mis ambition was honorable, upright and 
pure. lie accepted official position from necessitv rather 
than choice, neither seeking public honors nor avoidin"" 
them when x-oluntarih' tendered by his fellow citizens. In 
all relations of life, his highest aim was an lionest and con- 
scientious discharge of duty. He was neither depressed 

by defeat nor elevated by success, but kept the even tenor 
12 



178 HON. JAMES R. VINEYARD. 

of his wav, and was ever alike esteemed b}' both friends 
and political opponents. His record, in all senses, was 
worth}' of the pioneer era of Wisconsin history. 

HON. JAMES R. VINEYARD. 

James R. Vineyard was born in Kentucky in 1804, from 
whence he removed at an early date to the lead region of 
Wisconsin, and adopted the occupation of a miner. His 
after public career was in many respects unhappy, even if 
brilliant and useful. In 1838, he was elected a member of 
the territorial council, in which he served until 1842. Most 
unfortunately, on the nth of February of that year, in an 
altercation with Hon. Charles C. P. Arndt, of Brown 
county, which occurred in the hall of the house, he shot and 
killed his opponent. The melancholy event created wide- 
spread sensation and horror in most portions of the west, 
but on trial he was acquitted by a jury. In 1846, he was 
elected a member of the Constitutional Convention from 
Platteville, Grant count}-. Not reaching the capital until 
some days after the session had commenced, he was not ap- 
pointed upon any of the standing committees, and took no 
important part in any of the proceedings. In 1849, he 
was elected a member of the assembly, but the event that 
clouded his life was a bar to special prominence. In 1850, 
he moved to California, and was elected to its state senate 
for several terms, and also acted as Indian agent for sev- 
eral years. He died about 1872. 

Mr. Vineyard possessed great energy and force of char- 
acter, was distinguished for his abilities, and ever enjoyed 
great personal popularity at his home. An act done in a 
moment of passion, not only horrified the people of the 
territory, but was ever after a source of keenest remorse 
to himself. Under ditTerent and more favorable circum- 
stances, he might have become one of the most prominent 
men in Wisconsin. His good qualities as a friend and citi- 
zen were generally and widely appreciated; but nothing 



HONS. GARRETT VLIET — SAEMOUS WAKJCLl^Y. 1 79 

could efface the memory of his great offense. It still lingers 
in the minds of all pioneer settlers. 

HON. GARRETT VLIET. 

Garrett Vliet was born in Independence, Sussex 
county, New Jerse}', January 10, 1790. He received a 
good practical education, and was by profession a farmer. 
In June, 1835, he immigrated to Wisconsin, locating upon 
a farm which is now in the heart of the city of Milwaukee, 
a few feet front havino- a greater market value than the 
original price paid for the whole. In 1846, when elected a 
member of the Constitutional Convention, for Milwaukee 
coimty, he resided on his place, in a plain, substantial dwell- 
ing house, with barn and outbuildings, and surrounded by 
a fine orchard. The part he took in the proceedings of 
that body was not especially promineht. He was noted as 
a gentleman of kind impulses, generous heart, ever dis- 
posed to benefit his friends, and to aid public enterprises, 
and had none of the sordid, calculating * selfishness and 
grasping rapacit}'- so characteristic of the present time. 
Throughout his whole career he discharged every duty of 
true manhood, public trust and patriotisni in a manner 
worthy of a pioneer settler, who ever held that merit, not 
money, made the man. He died August 5, 1877. 

HON. SALMOUS W^VKELEY. 

Salmous Wakeley was born in New Milford, in Litch- 
field county, Connecticut, March 17, 1794. ^^^^ ances- 
tors were of Welsh descent, and had been settled in New 
r^ngland for some generations. Although not publicly dis- 
tinguished, they were characterized, generall}-, by physical 
\igor and hardihood; by industry, practical good sense, 
sagacity, and integrity. 

At a very early age he was placed on a farm, and, until 
about nineteen years old, led a life of hard antl steady 
labor on the stony and sterile soil of his nati\-e slate. He 



i8d iiox. sai.mous wakeley. 

^vas reared in the midst of the puritanical influences which, 
at that day, still lingered in the region. His descriptions, 
in after years, of the country and its peculiarities, and the 
poverty and forbidding qualities of its soil, were peculiarly 
graphic and racv. Before attaining manhood, he also 
learned the trade of shoemaking; and, during most of his 
life, was engaged in the manufacturing of boots and shoes, 
or in fanning; giving persistent and steady industr}^ to 
whatever he had in hand. 

He entered life with a ver}' limited education; such only 
as he had acquired by occasional attendance in winter, at 
the common schools. But from his intelligence, and h's 
interest in practical aflairs, he became a well read man, and 
well informed citizen in matters of public concern. He 
had, too, a rare power of defending his views b}' native 
logic, and a comprehension which went to the " pith and 
marrow " of the matter. 

He emigrated to New York in early life; and, in 1818, 
he married Hannah Thompson, also a native of Litchfield 
count}'. She was a collateral descendant of Jonathan 
Edwards, of Connecticut; and was a woman of uncom- 
mon mental gifts, of most exemplary character, and domes- 
tic virtues. 

He resided in New York, first in Cortland county, and 
afterwards in Erie county, until the spring of 1836, when 
lie emigrated to Lorain county, Ohio, where he resided 
until 1843. To tiiis time, he had mingled not much in 
public alTairs, beyond being a somewhat prominent local 
politician, and holding minor offices of trust. His life was 
one of physical labor; and his time was given conscien- 
tiously to the care of his famih^, and provision for such 
education of his children as was within his slender means. 

In thi- spring of 1843. he removed to Whitewater, Wis- 
consin, where he resided until just previous to his death. 
Whitewater, at that time, was a new \illage of about eight 
lunnb-i'd inhal)itants; its enterprising people, the fertile 



HON. SALMOUS WAKELEY. l8l 

reirion surroundinir it, and the railroad which came ciirht 
years afterwards, have made it one of the plcasantest and 
most prosperous inland towns of the state. 

In 1846, oj-jposini;- tickets were nominated by the demo- 
cratic and whi^- parties for delei^ates from Walworth 
county to the Constitutional Convention. By general 
consent, Mr. Wakeley was placed on the democratic 
ticket, which was successful; his own majority being 
nearly two hundred. Unfitted, or at least disinclined, from 
want of previous training, to take a conspicuous part in the 
proceedings of this bod}-, in which he served on the com- 
mittee on a bill of rights, yet his sturdy good sense, excel- 
lent judgment and patent sincerity, made him one of its 
safest and most trusted counselors, and secured for him 
the high respect of its members. 

Subsec|uently, he represented the Whitewater assembly 
district in the sessions of 1855 and 1857, with credit, and to 
the entire satisfaction of his constituenc}'. He was for 
several years chairman of the board of supervisors of 
Whitew^ater, and, as such, an influential member of the 
county board. 

In pri\-ate life and in public life, so far as he had part 
in it, he was a man of marked individuality and force of 
character. In both he had decided convictions and gov- 
erning principles of conduct; and, in both, inflexible in- 
tegrity was always his guide. I lis standard of honesty 
and lionor was a high one; and he exacted of his children 
and of all with whom he liad induence, a rigid adherence 
to it. Caring little for polish or conventional formalities, 
he was direct, sincere, simple and just in his life and his 
relations w^ith others. A man of rugged character and 
virtues, he belonged to that class of men for having more 
of whicli the world would be the better. Without classical 
culture or erudition, he had great native sagacity, and an 
innate gift of reasoning which seldom failed to carry him 
to correct conclusions. 



l82 HON. JOSHUA L. WHITE. 

In politics, as upon other questions of general interest, 
he had positive and pronounced views. In early and mid- 
dle life, he was an earnest and an active democrat. In the 
campaign of 1828, he was one of only seven supporters of 
Jackson in the town of his residence; and then, as in 
1832, was one of the old hero's staunchest advocates. He 
remained in this political fellowship until the free soil and 
slavery questions developed the republican party, with 
which he then united, and afterwards continued to act. 

His children were three sons and two daughters ; two of 
the former, Eleazer Wakeley, now of Nebraska, and 
Charles T. Wakeley, of Madison, having been well 
known lawyers of this state. 

On the 1 2th of Januar}^, 1867, he died of pneumonia, at 
the residence of his son, E. Wakeley, in Madison. Until 
the time of this illness, being then nearly seventy-three 
years of age, he had retained unusual mental clearness and 
physical vigor. He died, as he had lived, with quiet for- 
titude. He was buried at Whitewater, by his neighbors 
and friends, in the old ground where two of his children 
had preceded him, and where his venerable widow has 
since been borne. 

HON. JOSHUA L. WHITE. 

Joshua L. White was a Virginian by birth, born in 
1814, and was a merchant by occupation. He was elected 
to the first Constitutional Convention from White Oak 
Springs, Iowa county, and served on the committee on 
finance, taxation and public debt. He was an affable and 
courteous gentlemen, of fine culture, and was highly re- 
sjit'cted by all. Mr. White is now a prosperous farmer in 
Winnebago county, Illinois; and lives on his farm, a short 
distance below the city of Rockford. 



HONS. N. E. WIIITESIDES — V. M. WILLARD. 183 

HON. NINEAN E. WHITESIDES. 

NiNEAN E. Whitesides was a native of the state of 
Illinois, born in 1819, and was by occupation a miner. His 
parents were anions- the earliest settlers in the west, and 
the family acquired marked prominence in pioneer times. 
In 1846, he was elected to the Constitutional Convention 
from Belmont, Iowa county, and served in that body on 
the committee on executive of the state. In 1847, he was 
elected a member of the territorial council, which position 
he lield until the state was organized in 1848. He was 
then elected a member of the first state assemblv, and was 
chosen speaker of that body. Soon after, he removed to 
California, where he resided until his death, which occurred 
many years ago. 

In personal characteristics, Mr. Whitesides was noted 
for the possession of strong will, intense personal and men- 
tal activity, tireless energy, and abilities of a high order. 
He was genial and courteous by nature, humorous and 
fun-loving from impulse and buoyant spirits, and took his 
place naturally as a leader in whatever position or associa- 
tion he appeared, either political or social. 

HON. VICTOR M. WILLARD. 

Victor M. Willard was a native of the state of New 
York, born in 1813, and was by profession a farmer. He was 
elected from Racine county to the Constitutional Con\'cn- 
tion of 1846, and served in that body on the committee on 
the act of congress for the admission of the state. Other- 
wise, he took no prominent part. He stood high among 
his associates, as an estimable and cultivated gentleman, of 
sterling merit and worth. Mr. Willard was elected to the 
first state senate from the county of Racine, and served 
two years. In all relations of life he was valued as an 
estimable gentleman. No full record of his subsequent 
career has been obtained ; but it is understood he died sev- 
eral years ago. 



iS^. HON. JOEL F. WILSON. 

HON. JOEL F. WILSON. 

Hon. Joel F. Wilson was the son of Erastus and 
TiiEODOCiA Noble Wilson, of Hebron, Washington 
county, Xew York; was born at Rupert, Bennington 
count}', Vermont, February i8, 1801. He received a com- 
mon school education, and became a mill-wright, following 
this business many years, and the latter years of his life, 
he was a farmer. He was married at Hebron, New York, 
April 8, 1824, to Miss Electa Munson, daughter of Cap- 
tain John Munson, of the Revolutionary war. In 1844, 
he settled at Waukesha (then Prairieville), and in the 
spring of 1845, removed to Hartford, in Washington 
county. He was elected, in 1846, to represent that county 
in the first Constitutional Convention, and in that body 
served on the committee on the act of congress for the 
admission of the state. While performing no part of spe- 
cial distinction, he was justly regarded as a useful man and 
was highly respected. He served in his county as chair- 
man of the board, and as a justice of the peace. He died 
at Hartford, November 29, i860. A friend writes that he 
was an expert workman at his trade, and made himself 
very useful to the first settlers of his to\vn in selecting their 
homes, laying out roads, and in doing such work as is 
necessary in settling up a new country. 



BIOGRAPHICAL SKETCHES 



CONVENTION OF 1847-48. 



BIOGRAPHICAL SKETCHES. 

CONVENTION OF 1847-8. 



HON. SAMUEL WOTTON BEALL. 

[Mr. Beall was a member of both Constitutional Conventions. For 
sketch, see page 43.] 

HON. JAMES BIGGS. 

James Biggs was born in the northwest territory, but 
the name of the place is not given. . He was 48 years of 
age when elected to the second Constitutional Convention, 
from Farmers' Grove, Green county, and was by profession 
a farmer. He took no important part in the proceedings of 
that body, but nevertheless ranked among its most worthy 
and intelliirent members. He was a gentleman of fine 
culture and first class abilities, well read, of large and 
varied frontier experience, a sound adviser, and steadfast 
friend. Ill health alone prevented his taking a conspicuous 
position. Of his career after the adjournment, no record 
has been received. He died many years ago. 

HON. CHARLES BISHOP. 

All etTorts of the committee to ascertain the present 
whereabouts of Mr. Bishop, if living, or of his relatives, 
if deceased, having failed, they take the liberty of furnish- 
ing so much of information as is within the personal knowl- 
edofe of one of its members. The father of Mr. Bishop 
was a large land holder and resident of Huron count}^, 
Ohio. In 1 84 1, the son was a room and class-mate of the 
writer in Western Reserve College, at Hudson, Ohio. 
After a preliminary course of study, he entered Cambridge 



l88 HON. GEORGE W. BROWXELL. 

Law School, Massachusetts, and there graduated. In 
1845, he located at Dodgeville, Wisconsin, and tried min- 
ing on his own account, less for gain than to test the 
accuracy of scientific theories as to the origin and repletion 
of metallic veins. Shortly after the adjournment of the 
Constitutional Convention, he left the state. 

He was elected a member, in 1847, from Iowa count}-, 
and served as a member of the committee on banks, 
banking and incorporations, as well as upon several select 
committees. Of peculiarly modest and retiring disposition 
and habits, he took no very prominent part in the proceed- 
ings; and yet but few of his age more thoroughly appre- 
ciated the importance of the work in hand, or brought to 
it more intelligent and thoughtful investigation, as the ripe 
fruit of cultivation and stud}'. Personally and socially, 
among intimate acquaintances, he was in all senses genial 
and companionable, a trusty friend, scrupulously honest, 
and in all ways deserving. No more faithful servant ever 
represented a constituency than Charles Bishop. His 
brother miners, in electing him to office, correctly appre- 
ciated his sterling worth as a man and citizen. 

HON. GEORGE W. BROWNELL. 

Ex-Governor Williajni R. Marshall, of St. Paul, 
Minnesota, has kindly furnished us with the only details 
we have been able to obtain of the life and career of 
Geor(;i-: W. Brownell, who represented the St. Croix 
district in the second Constitutional Convention. As the 
sketch so fully indicates the usual course, if not the end, of 
pioneer life in the west, we feel warranted in making lib- 
eral use of the information furnished. He says: 

" I hrst met Mr. Brownell in the Galena and Wiscon- 
sin lead mines in 1842, and came to this upper country 
with him ill 1847, and of course knew him intimately and 
well. IIl was in many respects a remarkable as well as 
good man, one of the best and truest I ever knew. He 



HOX. GEORGE W. BROWN'ELL. l8o 

was, T think, a na.tive of Onondaga county. New York, 
and learned the trade of wagon and carriage maker in 
Syracuse. He came west about 1834, '^"^ passed some 
years in St. Louis and the Missouri lead mines. About 
1840, he was connected with H. H. Houghton, in the 
editing and publishing of the Galena Gazette. He had very 
considerable scientitic attainments as a geologist, mineralo- 
gist and chemist, and spent one or two winters in Cincin- 
nati, about this period, in the pursuit of scientific studies 
and practical experiments — among other things, making 
some discoveries in electricity, that attracted much atten- 
tion at the time, especially from Prof. Henry, of the 
Smithsonian Institute. Almost too fond of scientific inves- 
tigation for a practical miner, he nevertheless led the way 
to some of the most valuable mineral discoveries in the 
Galena district, the chief profits of which were secured by 
others. 

In 1846, he went to the copper region of Lake Superior, 
in the interest of a Boston company, of wliich Caleb 
CusHiNG, RuFUS Choate and others were associates. 
Subsequently he located some mining permits at the Falls 
of St. Croix and on Kettle river. As these mining claims 
conflicted with mill and lumbering claims, they led to a 
consolidated company for both purposes, of which Robert 
Rantoue, Jr., of Boston, was president. Mr. Brownell 
was made agent of both the mining and land department 
of this company, whose operations spread over several 
years. Ikit the financial outcome was not successful and 
led to long and expensive litigation afterwards, especially 
with Mr. Hungerford, of St. Louis, which, at the time, 
attracted wide public attention, and ended in killing the 
prospects of St. Croix Falls as a coming manufacturing- 
city. 

In 1847, Mr. Brownell was elected to the Constitu- 
tional Convention from the St. Croix district, at that time 
embracing all of Minnesota east of the Mississippi river, 



ipo 



HON. GEORGE W. BROWNELL. 



and extending north from the Chippewa river to the 49th 
parallel. His special labor in the convention was to secure 
a boundarv line for northwest Wisconsin along or near the 
Chippewa river, crossing thence to Montreal river and 
Lake Superior, which, had it been successful, would have 
secured to Minnesota all the frontage which Wisconsin 
now has on the lake, as well as the entire valley of the St. 
Croix. This proposition he supported in a speech of very 
marked ability, and by a report of equal merit; but the 
boundary line failed of approval. But little was known of 
this section of the west at this period, by the mass of 
members. He was by his location almost isolated from all 
other districts. To even consent to the lake and river St. 
Croix as a boundary, was at the time looked upon as far 
too large a concession; and not a few of the convention 
held steadfast to the conviction that, under the ordinance 
of 1787, all that was left of the northwest territory neces- 
sarily became a part of Wisconsin after the designated 
number of other states had already been created. Un- 
doubtedly, the first constitution submitted was badly injured 
in public estimation by fixing the line fifteen miles east of 
the most easterly point of Lake St. Croix, so that the sec- 
ond con\'ention was disposed to claim too much rather 
than too little. In the end, probably, as just a line was 
agreed upon as could well have been selected. Had the 
favorite purpose of the time been successful, and all the 
countr}'^ east of Lake Itasca been included in Wisconsin, it 
is now appreciated that the state would have been geo- 
graphically misshaped, while it would have been impossi- 
ble to have organized Minnesota in a form to meet the 
necessities and convenience of its citizens. 

In 1847, Mr. Brownell was married to Mrs. Duncan, 
a widow lady, resident in Galena, and in 185 1, he removed 
to that place, embarking in the grain trade along the river, 
norlluvard, for about ten years, a branch of business in 
whicli he was almost a pioneer. In 1861, he experi- 



HON. ALMERIN M. CARTER. I9I 

merited for a season in cotton planting, near Vicksburg, 
Mississippi, but the enterprise was not successful. iVfter 
the war of the rebellion, he made a trip to Colorado, and 
made investments in mining property. While on a trip 
out, in 1866, by the Smoky Hill route, the stage in whicli 
he was riding was attacked by Indians. He and anotlier 
passenger alighted, to resist the attack. He was armed 
with a Henry rifle, and, if properly supported, would prob- 
ably have been saved; but most of the passengers re- 
mained in the coach, and the driver, getting scared, whipped 
up his team, and left poor Browxell and his companion 
to their fate. They were speedily overpowered and killed, 
and their bodies, soon after recovered, were shockingly 
mutilated. 

General Grant, who personally knew and highly es- 
teemed Mr. Brownell, issued appropriate and feeling 
orders to the military commander of the nearest fort — 
Fort Wallace — to care for the remains, and they were for- 
warded to Galena for burial. The career and leadincj 
events in the western life of Mr. Brownell are so charac- 
teristic of pioneer times, that we have esteemed them 
worthy of this somewhat lengthy record. 

ALMERIN M. CARTER. 

Almerin M. Carter was born in Litchfield county, 
Connecticut, October 4, 1814, and was the son of Guy 
and Sarepta (Marshall) Carter. The Carter fam- 
il}' is of English descent, and settled in Litchfield county, 
Connecticut, as early as 1660. Their descendants are 
quite numerous, and are found in all parts of the country. 
They were imbued with Puritanic principles, and were 
generally Baptists and Presbyterians. The father of the 
subject of this sketch removed to New York with his fam- 
ily in 181 5, and settled in Oneida county, and engaged 
extensively in agricultural pursuits. He was for many 
years one of the trustees of the Madison University, a 



192 HON. al:\ierin m. carter. 

Baptist institution of learning, located at Hamilton, Madi- 
son county, New York. Almerin was the eldest of the 
famih' of three sons and two daughters. He received a 
thorough academic education at Hamilton, after which he 
determined upon farming as his occupation for life, and, in 
1842, settled in Johnstown, Rock count}-, Wisconsin, where 
he has ever since resided. He has been a successful tiller of 
the soil, and from its results has accumulated a competency 
for life. Though not ambitious for ofhcial station, Mr. 
Carter has been frequently chosen, by his fellow citizens, 
to fill important positions, and he has always discharged 
the duties imposed upon him with honor to himself and 
with benefit to his people. He was one of the first com- 
missioners of Rock county. In 1847, he was elected as 
one of the representatives of that county in the convention 
that framed the constitution of the state. He was an in- 
dustrious, working member of that body, serving on a 
committee of fifteen on general business of the convention, 
of which the late Byron Kilbourn was chairman. The 
energy of character, and the practical bearing of his mind, 
rendered Mr. Carter a valuable member of this commit- 
tee. On the floor of the convendon, he was not a talking 
member, but his votes always evinced soundness of judg- 
ment. In 1868, just twenty years after the adoption of the 
constitution he had helped to frame, Mr. Cartj^r was 
elected to represent the people of his district in the assem- 
bly, and was made chairman of the committee on corpora- 
tions, a position he filled with entire satisfaction to his peo- 
ple. Since that time, he has declined accepting any official 
position, and devoted himself to the enjoyments and com- 
forts of his home in Johnstown, where he is highly re- 
spected as one of the oldest and best citizens of the town. 
For many years, Mr. Carter was a member and secre- 
tary- of a society for the suppression of horse stealing, an 
organization productive of much good in the state. He 
IS a member of the Johnstown Fire Insurance company; 



HON. SQUIRE S. CASE. 1 93 

has passed through the chairs of the" fraternit}' of Odd 
Fellows; is a prominent granger; and in all things, is 
ardently attached to such works as promote truthfulness, 
justice and goodness, hi politics, he is a consistent repub- 
lican — being a whig previous to the organization of the 
republican party. He was one of the organizers of the 
Congregational society in Johnstown, and has ever lived 
a quiet, unostentatious. Christian life. 

Mr. Carter has been twice married. His first wife 
was Miss Dolly A. Wadoam, of Goshen, Connecticut, 
to whom he was united in marriage September 26, 1836. 
She died in 1847, leaving two children, Ellen and 
Charles, who are now both comfortably located in life. 
His second wife w^as Miss Sarah Wedge, of Warren, Con- 
necticut. By this marriage, there is one daughter, Fran- 
ces W., a young lady of rare accomplishments, being a 
superior musician. 

HON. SQUIRE S. CASE. 

Squire S. Case was born at Hillsdale, Columbia county, 
New York, September 27, 1801. In childhood, his parents 
removed to Chautauqua county, then on the western bor- 
ders of civilization, hi the settlement of a new countrv, 
hard work and frugality were essential. The father at 
once engaged in farming and lumbering, and the boy was 
active in aiding in the work, and here laid the foundation 
of the habits of industry that remained w^ith him through 
life, and were of essential service to him. At the age of 
twenty-one our subject removed to BulTalo, and became 
the proprietor of the " Farmers' Hotel " in that citv, in 
which he continued for eleven years. He then became a 
contractor for the construction of public works, and was 
successful for many years; but finally lost most of his 
property in 1842, by the suspension of work on the Erie 
Canal, in which he w'as largely interested. During his 
residence in Buffalo, Mr. Case served many j^ears as a. 
13 



194 ^'°-^'' -ALFRED L. CASTLEMAN. 

member of the common council of that city. He also rep- 
resented Erie county in the legislatures of 1837 and 1842. 
He served in the patriot war, under Gen. Scott, as a 
colonel of the 208th regiment of the New York militia. 

Like most persons of that day who had met with re- 
verses in the loss of property, in 1842, Mr. Case took up 
his line of march for the then great west, and located on a 
farm in Waukesha county, in Wisconsin territory, in what 
is now the town of Merton. While a resident of this place, 
in 1847, he was elected as one of the delegates to the Con- 
stitutional Convention that assembled in Madison on the 
15th of December of that 3'ear. In this body, Mr. Case 
was a careful, painstaking member; was a constant observer 
of events, and sound in his judgment on matters that came 
before that bod}'. He was not a speech-maker, but an 
excellent worker on committees. He was highly respected 
by his fellow members. 

In 1861, Mr. Case left his farm and settled in Waukesha 
village, where he established himself in the construction of 
railway cars, building the first ones used on the Milwaukee 
and Prairie du Chien railroad, at present a portion of the 
Chicago, Milwaukee and St. Paul Company. He was 
active in obtainino- the riirht of wav on the La Crosse 
road, and, in 1857, took up his residence in Portage as 
station agent on that road. He remained in active business 
in Portage till 1868, when he removed to Mauston, and 
being in advanced years, and his health being poor, he has 
since refrained from active business or politics. He lived 
a respected citizen, and a sincere and zealous member of 
the Episcopal Church. He was a man of sterling worth. 

Mr. Case died at Mauston, March 30, 1878, in the 
seventy-seventh year of his age. 

HON. ALFRED L. CASTLEMAN. 

ALiMiEij L. Castleman was widely and favorably 
known to the territory of Wisconsin, at an early period in 



liOXS. WARREN CHASE — ALBERT G. COLJ:. I95 

its settlement. lie was born in Kentucky, in 1807, and 
by profession was a physician, in which he attained much 
eminence. He settled in Milwaukee in 1835, and soon 
after removed to Waukesha county. In 1847, he was 
elected to the Constitutional Convention, in which he 
served on the committee on banks, banking- and incorpo- 
rations, and otherwise took quite an important part in the 
general proceedings. After state organization, he served 
for many years as a regent of the State University, during 
which he was elected to a professorship, which, however, 
he declined. During the great rebellion, he served as sur- 
geon and ph3'sician to the fifth regiment, for several years, 
and in this service he contracted a disease, from which he 
never fully recovered. During the time Dr. Castleman 
was in the war, he kept a diary, from, the organization of 
the army to the close of the campaign in Virginia, about 
the first of January, 1863. In 1863, this diary was pub- 
lished in book form, under the title of " The Army of the 
Potomac behind the Scenes." In this volume he expressed 
very franklv his views of men and measures, showing 
favor to no one. It afibrds spicy reading, and found a fair 
sale. About 1873, he removed to California, in the hope 
of finding relief, and died at Oakland, August 22, 1877. 
He was a gentleman of distinguished abilities, highh^ 
cultivated, chivalrous, honorable, and of high and noble 
purposes and aims. The duties of his profession ever 
kept him from a public career, which he would have 
graced and ennobled. In his death, Wisconsin lost one of 
its best and most loved citizens. 

HON. warren chase. 

[Warfjen Chase was a member of both Constitutional Conventions. 
For sketch, see page 61.] 

HON. ALBERT G. COLE. 

Albert G. Cole was a native of Adams, Jefierson 
county, New York. He received an academic education; 



ip6 HON. ORSAMUS COLE. 

Studied law, and was admitted to the bar in New York 
citv in 1840. He commenced practice in Mexico, New 
York. He was married, October 14, 1840, to Harriet L. 
Clark. In 1846, he came to Wisconsin, and located at 
Burlington, Racine county; resided there till 1863, when 
he remoxed to Kenosha, w^here he still lives. 

Mr. CoCE has served as justice of the peace for man}'- 
years. In 1847, he \vas elected from the county of Racine, 
as a member of the second Constitutional Convention, and 
in tliat body served on the committee on the judiciary. He 
was not given much to talk in the convention, but when he 
did speak, he conlined himself to the subject under consid- 
eration, and was pointed and clear in his remarks. He is 
a man of pure character, upright and honest in all things, 
and highly respected by all w^ho know him. His retiring 
and modest habits have caused him to seek home life, 
rather than to enter into the turmoils of official position to 
any extent. 

HON. ORSAMUS COLE. 

Orsamus Cole was born in Cazenovia, Madison county. 
New York, August 23, 1819. His ancestors, on both 
sides, were English; and both grandfathers served in the 
colonial armv. His father's name was Hymeneus Cole, 
and his mother's name was Sarah Salisbury. He re- 
ceived a liberal education, graduating from Union Collecfe 
in 1843. After a thorough preparation for the practice of 
the law, he proceeded w^estward, and after spending a few 
months in Chicago, located at Potosi, Grant county, in 
1845, where for several years, in company with the late 
William R.Biddlecome, he at once entered upon an ex- 
tensive and lucrative practice in his profession. In 1847, 
he was elected as one of the representatives of Grant 
county to the Constitutional Convention, in which body he 
served with marked fidelity and ability. He was a mem- 
ber of the committee on executive, legislative and admin- 
istrative provisions, and was one of the most faithful and 



HON. ORSAMUS COLE. 1 97 

hard working members upon it. Mr. Cole was one of the 
youngest members of the convention, and his pro\'erbial 
modesty caused him to shrink from taking a leading part 
in the debates, for some time; but he soon took rank 
among the ablest and clearest debaters in that body of able 
men. His cautious habits made him a most valuable man 
in forming the organic law of the state; and at the close 
of the session, but few men stood higher in the estimation 
of his fellows than did Orsamus Cole. He had taken 
prominent part in the shaping of all the more important 
articles of the constitution. 

Li the presidential campaign of 18,48, when Zachary 
Taylor was the whig candidate, opposed by Lewis Cass, 
as the democratic candidate, and by Martin Van Buren 
as the free soil candidate, Orsamus Cqle was selected as 
the standard bearer of the whig party, in the second con- 
gressional district. His opponents were A. Hyatt Smith, 
democrat, and George: W. Crabb, free soiler. The dis- 
trict then comprised the entire western half of the state ; 
embracing a portion of the present first district, most of 
the second, the whole of the third and seventh, and a large 
portion of the eighth. After an exciting contest, in which 
Mr. Cole thoroughly canvassed the district, tiie result 
showed his triumphant election; and on the 4th of March, 
1849, his term commenced as a member of the thirtv-hrst 
congress. Li this body of men, Mr. Cole took a promi- 
nent part, upholding tl^.e principles of the whig part\' with 
ability and zeal. On the death of President Taylor, and 
the succession of Mr. Fillmore, Mr. Cole remained true 
to the anti-slavery wing of his party, opposing with much 
vigor the passage of the compromise measures, embracing 
the odious fugitive slave act. On retiring from congress in 
1851, Mr. Cole entered vigorously upon the practice of 
his profession in Potosi, then one of the active business 
towns of southwestern Wiscqnsin. In 1853, Mr. Cole 
was nominated as the whig candidate for attorney general; 



1^8 IIOX. ORSAMUS COLE. 

and on the consolidation of the whig and free soil parties 
in that year, upon a people's ticket, he was placed upon 
this ticket for attorney general. The entire ticket was 
defeated. In the winter of 1855, the republican party then 
being fully organized, Orsamus Cole was selected by 
that party as its candidate for associate justice of the 
supreme court, in place of Samuel Crawford, whose 
term was to expire in the following June. Judge Craw- 
ford was a candidate for re-election, and the contest was 
an animated one, resulting in the election of Mr. Cole. 
In the summer of 1855, Judge Cole took his seat upon 
the bench of the supreme court of Wisconsin, which posi- 
tion he has ever since held, being re-elected in 1861, 1867, 
and 1873, for terms of six years each, and in 1879 i"e-elected 
for a term of ten years, from the first of Januar}^, 1880. 
It will thus be seen that Judge Cole has served twenty-five 
years as one of the judges of the supreme court; has just 
entered upon a new term of ten years, and it would be 
useless to say that he has discharged the duties of the 
high position ably and faithfully, as his several re-elections 
by the people, is the best possible evidence of that fact. 
He has been a faithful expounder of the constitution he 
took so active a part in perfecting in 1847 and 1848. 

In private life Judge Cole is an educated, refined and 
genial citizen. In June, 1848, he was married to Miss 
Jullv a. Houghton. There is but one living child of 
this union, Sidney H. Cole, who is now a member of the 
firm of West & Co., dealers in books and stationer}- in 
Milwaukee. Mrs. Cole was a most estimable lady, dis- 
charging her full duty as a wife, motlier and friend till the 
date of her death, which occurred on the 17th day of De- 
cember, 1874. Judge Cole was married a second time, in 
Madison, on the first day of January,. 1879, to Mrs. Ro- 
iJiCRTA C. Garnhart, a lady of rare accomplishments. 

It is \-ery rare indeed, that a man has passed through 
life in a field of occupation so well adapted to his mental 



HON. ORSAMUS COLE. I99 

construction as has been the case witli Judge Cole; and 
it is equally rare, that a man has held important oiTicial 
positions so long as he has done, without having made 
some personal effort to obtain them. This is a very 
marked case of the office seeking the man. He certainly did 
not intrude himself into office. The acquaintance of the 
writer with Judge Cole has been long and intimate, and 
what is here written is from absolute knowledge of the 
man. Ilis mental make up is strong, coupled with a retir- 
ing modesty that is very marked. After graduating from 
college, and finishing his legal education, he came directly 
west, stopping a brief time in Chicago, and then locating 
at Potosi in Wisconsin. His first appearance in public 
life was as a member of the Constitutional Convention of 
1847-8. In that body, his extreme modesty kept him 
from becoming prominent rapidly; but his clear and com- 
prehensive mind brought him to the front rank before the 
close of its proceedings. The next year, 1848, he was 
made a candidate for congress without his knowledge. 
He had never thouirht of receivinfj the nomination, nor did 
he desire it; was not at the convention, but was attending 
to his professional duties at home, when the news of his 
promotion reached him, and he hesitated about believing it 
for some time. He entered upon the canvass, however, 
with zeal, and was elected. While congressional life was 
not suited to his quiet habits and tastes, he nevertheless 
was faithful to ever}- duty, and no complaint was ever 
heard from his constituents. Returning home, he entered 
upon the duties of his profession with industr\', and drew 
about him a good practice and many friends. In the win- 
ter of 1855, the republican party, then young and vigorous, 
had a majority in the legislature; and an associate justice 
of the supreme court was to be elected in the spring. In 
legislative caucus, Mr. Cole, who was at his home, ha\- 
ing no knowledge of what was going on, was finalh- 
selected as the republican candidate for this high position — 



200 HON. JOSEPH COLLEY. 

one that had never occurred to him, and one that, -.vhen 
tendered, his native modesty compelled him to insist he 
was not qualified to fill. But his friends thought and knew 
otherwise, and almost compelled him to make the canvass, 
against his earnest protest. The result was his election 
over Hon. Samuel Crawford, the then incumbent, and a 
very strong candidate. It was several days, however, 
after the election, before Judge Cole could be induced to 
believe that he had been successful. In the June follow- 
ing, he took his seat on the supreme bench, and by re- 
election has retained it ever since. His mind is admirably 
adapted to the bench. He has ability of a high order, a 
finished education, and is thoroughly read in the law. He 
is cool, deliberate, and free from bias; and his decisions are 
based on a conscientious belief of what is the law, the jus- 
tice, and the right. A more thoroughly honest, upright and 
unprejudiced man never sat upon the bench of an}" court 
than is Orsamus Cole. 

HON. JOSEPH COLLEY. 

Joseph Colley was born in Newburyport, Massachu- 
setts, March 8, 1777. He became a resident of Bedford, 
New Hampshire, when he was seven years of age, in 
1784, where he continued to reside till 1840, when, follow- 
ing his four children who had located there, he became a 
citizen of Beloit, Wisconsin. In Bedford, New Hamp- 
shire, where he spent fifty-six 3'ears of his life, Mr. Colley 
occupied a very prominent position. In 181 1, he was 
elected selectman, and till 1840, he occupied some impor- 
tant official position in the town, nearly, if not quite, every 
year. In 1828 and 1829, he represented his town in the 
legislature of the state; and, from 1825 till he left New 
Hampshire in 1840, he was a justice of the peace. In 
addition to these various public offices to which he was 
elected, he was a large portion of the time engaged in set- 
tling estates, as administrator, as guardian of children, etc. 



HON. JOSEPH COLLEY. 201 

He may be said to have been engaged in tbe service of his 
townsmen in New Hampshire, in some capacity, ahnost 
constantly, for a period of thirty years; and in every posi- 
tion he discliarged his duties acceptabl}- and well. During 
that period of time, his name and form were familiar to 
every citizen of the town, whether old or young. 

In becoming a resident of Beloit in 1840, he hop^d to 
spend the remainder of his days in private life ; but such 
was not the case. He was found too intelligent, and too 
capable, to be permitted to remain out of official position. 
His services and experience were needed in managing the 
affairs of a new country; and he served several years as a 
justice of the peace, and as chairman of the board of su- 
pervisors of his town. In 1H47, he was elected as one of 
the representatives of Rock county to the convention 
which formed the constitution of our" state. In this body 
he served on the committee on schedule and miscellaneous 
provisions, and was a faithful and true man; ever in his 
place, and always voting right on every question affecting 
the interests and privileges of the whole people. His vote 
will be found recorded in favor of striking the word " white " 
out of the suf^i^age article, thus siiowing that he favored 
conferring the right to vote upon all men, without regard to 
color. To these liberal principles he has e\'er adhered, 
and often referred with special satisfaction and pride, in the 
latter months of his life, to these votes in the convention. 

In private life his character was upright and pure; his 
habits were always temperate and regular. He was a 
man of large and powerful frame, possessing an uncom- 
monly robust constitution. His countenance was ever 
pleasant, and his manner was calculated to draw persons 
around him. For some years previous to his death, which 
occurred May 7, 1867, his health had been slightly failing, 
and he lost his hearing so that he heard ordinary con\-er- 
sation with great dithculty. Still, a day seldom passed 
that he did not walk around among his friends at Beloit, 



202 nON'S. EMULOUS P. COTTON — PAUL CR/VNDALL. 

distributing to them pleasant words. He was married in 
early life to a Miss Dole, by whom he had four children, 
two sons and two daughters, the eldest of whom, Hon. 
Samuel G. Colley, is one of the oldest residents of Rock 
county, has held many places of public trust, and closed a 
term as sheriff of that county with the beginning of the 
year 1879. 

HON. EMULOUS P. COTTON. 

Emulous P. Cotton was a native of the state of New 
York, born in 181 1. He was elected to the Constitutional 
Convention in 1847, from Oconomowoc, Waukesha county, 
where he followed the occupation of miller. He served in 
this body on the committee on schedule and other miscella- 
neous provisions. No record of his after career has been 
furnished us. He has been dead for several years. 

HON. PAUL CRANDALL. 

Paul Crandall was a native of the state of Connecti- 
cut, born in 1802, and by occupation was a farmer. At an 
early day he settled in the eastern part of Rock county, 
and at once took a prominent position among the people, 
then striving to build up a new country. In 1847, Mr. 
Crandall was elected as a member of the Constitutional 
Convention from the county of Rock. He was a quiet 
man, of excellent native sense and sound judgment; and, 
while he did not occupy much of the time in speaking, his 
counsel was of value in shaping many of the provisions of 
our state constitution. He was one of the substantial and 
useful members of the convention, highly esteemed b}' his 
associates. After state organization, Mr. Crandall was 
elected to the second state assembly, and served in that 
body during the session of 1849. Soon after this, he 
removed to the Pacific coast, locating in the territory of 
Oregon, and has ever since been an enterprising and prom- 
inent citizen of that territory and state. A letter of a late 



HONS. DAVENPORT — DORAX — DUNN. 203 

date assures us that he still lives, in the enjoyment of good 
health; and now resides in Salem, Oregon. 

HON. S. A. DAVENPORT. 

S. A. Davenport is a native of the state of New York, 
born in 1806. Settling in Brighton, Racine countv, he 
adopted agriculture as a profession at an earh^ date in ter- 
ritorial histor}'. He was elected a member of the second 
Constitutional Convention in 1847, from Racine countv, 
and although not taking a prominent part in the proceed- 
ings, proved himself very useful. He is a gentleman of 
fine abilities, well read, of sterling integrity, and highly 
respected by all. His residence is in the northern part of 
Racine county, and he is reported as still living, but the 
committee has been unable to receive any further record 
of his career. 

HON. JOHN L. DOR AN. 

John L. Doran was a native of Ireland, born in 1814, 
and by profession a lawyer. He was elected to the second 
Constitutional Convention in 1847, from Milwaukee county, 
and served in that body on the committee on schedule and 
other miscellaneous provisions. He took considerable part 
in the debates on various articles, from time to time under 
consideration, and acquitted himself with much credit. He 
was a frank and genial gentleman, well read and highly 
cultivated. The committee have no record of his career 
for many years after the state was organized. Li 1862, he 
was appointed colonel of the 17th Wisconsin regiment, in 
which capacity he rendered valuable services in the lield. 
It is understood that he is now, and has for many 3'ears 
been a resident of Chicago. 

HON. CHARLES DUNN. 

Charles Dunn was born in Bullett county, Kentucky, 
December 28, 1799. His father was from DubHn, Ireland, 
and his mother, Amv Burks, was a native of Virginia. 



204 



HON. CHARLES DUNN. 



He commenced reading law with Worden Pope, Esq., of 
Louisville, and after a time continued his reading with 
John Pope, Esq., of Frankfort. He removed to Illinois 
in 1819, and finished his legal studies with Hon. Nathan- 
iel Pope, then United States district judge for Illinois, and 
was admitted to the bar in 1820. He commenced the 
practice of his profession in Jonesboro, Illinois, and was 
married in 182 1 to Miss Mary E. Shrader, of Missouri. 
He was chief clerk of the Illinois house of representatives 
five years. 

In 1829, he was appointed, by Governor Edwards, act- 
ing commissioner of the Illinois and Michiijan canal, and 
with his associates, surveyed and platted the first town of 
Chicago, and the commissioners superintended the first 
sale of lots in 1829. The sales were continued during 
the two succeeding years. 

In 1832, Mr. Dunn entered the service, and was en- 
gaged in the Black Hawk war as captain of a company 
he raised in Pope county, Illinois. Captain Dunn was 
severely, and it was thought mortally, wounded in what is 
now called the town of Dunn, in this county, by a cow- 
ardly sentinel, whom he, as ofiicer of the day, was pro- 
ceeding to relieve. There were three in company. Cap- 
tain Duxx, the sergeant of the day, and the sentinel 
intended as a relief. At their approach, the sentinel on 
duty, instead of hailing them, fired at the group at a dis- 
tance of about ten paces, severely wounding Captain 
Dunn in the right groin. He was taken to Fort Dixon, 
where he remained till the close of the war. 

He served a short time as assistant paymaster, and then 
resumed the practice of his profession. In 1835, ^'^^ ^^''^^ 
eleclLil a member of the house of representatives in Illinois, 
and served as chairman of the judiciary committee during 
the session. 

Judge Dunn was a man of marked distinction in this 
state. lie has been long prominenlly idenlilied with its 



nOX. CHARLES DUXN. 205 

history. On the organization of the territor}' of Wiscon- 
sin in 1836, Mr. Duxx was appointed chief justice of tlie 
territory, his associates being Judge Miller and Judge 
Irvlx. We believe the bench remained unclian<red till the 
state was admitted into the Union in May, 1848. Judge 
DuxN was always esteemed a sound lawyer and an up- 
right judge. lie was a man of dignified appearance, and 
was generally acceptable to the bar and the people of the 
territory. His duties were quite onerous, as, during the 
greater part of the time he was on the bench, his district 
was the most populous and important in the territory, and 
produced, it is believed, the largest amount of litigation. 
He performed all his judicial duties with ability, fidelit}' 
and inte<>"ritv. 

Judge Duxx was a member of the convention that 
framed the constitution of the state. 'He was made presi- 
dent pro tern, in the organization of that convention, and 
was appointed chairman of the judiciary committee. He 
took a leading part in the proceedings of that body, and 
his counsel was influential in shaping many of the provis- 
ions of the organic law of our state. As a speaker, he 
was concise and clear. There was no eloquence in his 
manner of speaking; but his argument was strong and 
convincing. His speeches in this body were frequent, but 
never long. He was always heard with pleasure, and gen- 
erally with profit, by the members of the convention. 

Since the state was admitted. Judge Duxx had devoted 
his time principally to the practice of his profession as a 
lawyer — residing at Belmont, the first seat of the territo- 
rial government. 

Judge DuxN represented La Fayette count\- in the state 
senate during the sessions of 1853, 1854, ^^55 ^"^^ 1856, 
and served as chairman of the judiciar}- committee. He 
was, of course, an able and influential member of that 
bod}'. 

In 1856, Judge Duxx was a candidate for congress 



2o6 HON. CHARLES DUNN. 

ao-ainst C. C. Washburn. He was also a candidate for 
the state senate in 1870 against Hon. H. S. Magoon, who 
was elected. 

In politics, Judge DuxN has always been an able and 
true democrat. A native of Kentucky, he retained his 
southern notions on the slavery question, and opposed the 
republican organization with all his power. While he was 
very firm in his political faith, w^e believe he treated his 
opponents with respect and fairness. 

In social life, Judge Dunn was highly respected, and 
possessed qualities that rendered him very attractive and 
popular with his acquaintances. He was pleasant and in- 
structive in conversation, and dignified and courteous in 
his manners at all times. At the time of his death, Judge 
Dunn was the oldest member of the legal profession in 
the state, and w^as quite actively engaged in practice to the 
last. 

Judge Dunn died on the 7th day of April, 1872, at the 
residence of his sister, Mrs. David W. Jones, at INIineral 
Point, in the eightieth year of his age. Proper notice of 
liis great worth, and regret at his death, was observed by 
the bar of the supreme court, and the proceedings were 
ordered to be placed on record, and may be found in the 
thirtieth volume of the Wisconsin Supreme Court Reports. 
From these proceedings, so honorable to any man, and so 
well deserved, in the case of Judge Dunn, we feel con- 
strained to make liberal extracts. The members of the bar 
for the fifth judicial circuit had held a meeting and adopted 
resolutions of respect to the memor}- of their old friend and 
associate, and on the 17th of July, 1872, Hon. Moses M. 
Strong presented them to the supreme court, asking that 
they be placed upon its records. After the preamble, 
which sets forth the particulars in regard to the death of 
Judge Dunn, the resolutions read: 

Tl\crcfore, we, the members of that bar, with no common emotions of 
regret, respect and reverence, join in avaihng ourselves of the proud 



HOX. CHARLES DUNN, 207 

though melancholy privilege of paying our last tribute to the memory 
of the distinguished dead. 

The deceased, Hon. Charles Dunx, never failed to recognize a brother 
in the most youthful, humble and unpretending member of the bar, while 
he could look upon the proud pretensions of the most assuming with the 
calm consciousness of an equal, and the well established reputation of a 
superior. We may, therefore, avail ourselves of more than ovir mere 
professional privilege of calling the deceased our brother. By the tics of 
the brotherhood of man we may call him our brother. Although, in 
connection with our deceased brother, we may not look " upon the storied 
monuments, the stately hatchments, the cold marble pomp with which 
grandeur mourns magnificently her departed pride," yet in the hearts of 
his professional brethren will be cherished the memory of unpretending 
learning, the dignity of unaftected simplicity, the graceful refinement of 
cultured thought, the genial courtesy of professional, otlicial, ami social 
etiquette, and the potential large-heartedness and broftdth of intellect 
that commands respect and attracts admiration. The mcmorv of these 
will live in the hearts of his professional brethren, and will be trans- 
mitted in professional succession, awakening pmulation and stimulating 
ambition among the coming, to attain through praiseworthy effort to 
that position which practical virtues and noble manhood have so well 
adorned. 

Resolved, That in the death of our brother, Hon. Charles Duxn, the 
bar has lost one of its most distinguished members, the profession one of 
its truest friends, the public one of its ablest defenders, the state one of 
its most esteemed citizens, and society one of its brigiitest ornaments. 

Resolved, That Charles Duxx will be remembered as a learned 
jurist, an able advocate, a sound exponent of constitutional principles, 
and a true American citizen. 

Resolved, That in remembering his amenity of manners, his kindly 
forbearance and uniform courtesy, both on the bench and at the bar, we 
•will endeavor to emulate his virtues, and strive to cultivate the friendlv 
relations and courteousness of professional character, both before the 
courts and toward each other, of which he gave such good example, 
and that is always praiseworthy in every member of the profession. 

Mr. Strong then gave an interesting sketch of the life 
of this jurist, and among other incidents related the follow- 
ing, which illustrates the fact that the Judge was not onl}- 
polite and easy in manner, but brave as well. Mr. Strong 
said: 

While Judge Duxx always, as an essential part of his nature, displaved 
upon the bench the "suaviler in //lodo," it was invariably accompanied 



208 HON. CHARLES DUNN. 

Avith tlic '■\fortitcr in re." Numerous illustrations might be given, but 
one, most remarkable and bordering on the tragic, must suffice. 

In 183S, an atrocious murder had been perpetrated in Grant county, 
and a person charged witli the crime, and committed to jail to await the 
action of the grand jury. He was brought before Judge Dlxx upon a 
writ of habeas corpus, who, after a full investigation, admitted the pris- 
oner to bail, whi.h he obtained, and was set at liberty. The inhabitants 
in the vicinity of the murder were very much incensed, and assembled in 
large numbers, with the avowed intention of lynching the accused, who 
only saved liis life by flight. His sureties were also compelled to leave 
the territory at the hazard of their lives. The mob, in which were some 
very respectable citizens, also passed a resolution — of which they notified 
the judge — that if he attempted to hold another court in that county it 
would be at the risk of his life. 

On the day appointed by law for the holding of court, the judge ap- 
peared, as usual, without guard or escort, as calm and undisturbed as 
though he was entirely ignorant of the menaces of the mob, many of 
■whom, as he knew, were in attendance, and without having even spoken 
to any member of the bar, or to the sheriff, of the danger with which he 
was threatened, he took his seat upon the bench, with his accustomed 
quiet dignity, and ordered the sheriff to open court. It was observed 
that he took with him, to his seat, his saddle-bags, and placed them im- 
mediately by his side. This was his arsenal. The firm, determined and 
resolute purpose of the j'.dge to hold that court at that time and at that 
place, in despite of all threats of personal violence, was so unmistakably 
developed in every lineament of his unblanched features, that all appear- 
ance of mob violence was effectually subdued. The sheriff opened court, 
and its business was proceeded with in the usual orderly manner. 

Mr. Strong concluded his remarks as follows: 

But it was neither on the bench, at the bar, in office or in political con- 
tests, that those traits of character were developed that endeared Judge 
Drxx most to those who knew him best. In social life and in every- 
day intercourse with his friends and neighbors who knew him so well, 
and who prized him so higlily, he lived and moved the object of the 
highest esteem and warmest friendship of all with whom he came in 
contact. 

" With charity for all, and malice to none," he terminated his earthly 
course on the 7th of April last, in the fullness of years, leaving behind 
him numerous fr.ends, regretting that they "ne'er should look upon his 
like again," and who yet had the consolation, that if an abiding faith in 
the truth of the doctrines of the Chri-tian religion, and a life spent in 
doing unto others as he would that others should do unto him, furnish 



HON. CHARLES DUXN. 209 

any hope of a blessed immortality, that hope is surely vouchsafed to the 
bereaved friends of the subject of this imperfect obituary sketch; for, 

" So deeds be just and words be true, 

We need not shrink from nature's rule — 
The tomb, so dark to mortal's view. 

Is heaven's own blessed vestibule." 

A meeting of the bar of the state adopted resolutions 
that were presented to the court by Hon. E. G. Ryax, 
the present chief justice of the supreme court. After brief 
reference to the story of the life of Judge Dunn, Mr. Ryax 
said : 

Ambition has a double character; the highest or the lo^\xst of social 
qualities. The ambition to use our talent in the service of our race and 
of Him who gave it, is something as noble as any human motive can be. 
The ambition of station, for self-honor or self-profit, regardless of our 
own fitness or of the greater fitness of our fellows, is as low a lust as 
mean egotism can reach. The attainment of office, for its opportunities 
of serving the public good, ennobles the office and the officer. The 
attainment of office, beyond the capacity of the officer, for the sake of 
personal distinction or interest, belittles both. To each his peculiar talent 
is given. True glory is the faithful use of the talent given, within its 
proper sphere, upon all appropriate occasions fitly offering. 

It was Judge Dunn's lot in lite to fill many stations, professional and 
lay, executive, legislative and judicial. So far as I know or have been 
able to learn, these rather sought him than he them. He certainly in- 
truded himself into none of them. There was a modesty in the man 
which was rare in his generation. I think that his own estimate of his 
own powers was below, not above the estimate of all who knew him 
well. And he was a thoroughly earnest man. He filled all his offices 
with singular fidelity and zeal; as if each, in its turn, were the chief end 
of his life. To say that he filled them with ability, would be faint praise. 
He did not achieve success in them by just escaping failure. He was a 
faithful officer; his offices w-ere never below him, but he was alwavs 
above them. None of them gave opportunity of showing all that lie 
was, of calling out the strength that was in him. They were all respect- 
able, some of them were high. But his intellect, his culture, his general 
capacity, towered far above every station he ever occupied. We mourn 
for the untried powers, which die out of the world with the young. Let 
us mourn for the world wdien it suffers great powers to die, unused in 
its service with the old. 

In his life, Judge Dunn saw many men around him reach stations 
which he did not reach. Some of them rose worthily and usefully. 
14 



2IO HON. CIIARI.es DUNN. 

Some rose only to show their own unfitness. With like pliancy or like 
artifice, he too might have risen where his inferiors rose. But he was 
above these. And standing below, on the solid level of his own life and 
character, he ranked the superior of most and the equal of any of his 
cotemporaries. lie might have ennobled many positions filled by them; 
none of them could have ennobled him. 

For, truly, he was a great man in private station. While his intellect 
was calm, it was solid; while it was not brilliant, it was comprehensive 
and far reaching. It was deliberate, discriminating, clear, wise and just. 
I doubt if he have left among us his intellectual equal. His character 
was solid, strong and resolute, but not stern or harsh. His stronger 
qualities were softened by great sense of humor and great kindness of 
heart. His temper was singularly genial. He was generous and trustful 
to a fault. His foibles, for — like all born of woman — he had them, all 
arose from his genial character, the warmth of his heart and the kindness 
of his temper. Strong in character among the strongest; he was, in 
carriage and manner, gentle among the gentlest; eminently modest and 
unobtrusive in demeanor. His culture was of a high order, in and out 
of his profession; like himself, useful and thorough, not superficial or 
showy. His knowledge of men and things, of the world and its ways, 
was profound. There were singularly combined in him the sagacity of 
a man of the world, and the personal simplicity of a child. He had a 
deep sense of the duties of life. In all its relations, in all its chances 
and vicissitudes, he was always true to his own views of duty. His 
sense ot self-respect was unerring, and never deserted, never betraved 
him. It is little to say that he was the soul of honor. He could be 
nothing that is false or mean. He did not know what treason w\as. 
That which he believed, that which he loved, that to which he gave his 
faith, were part of himself He could not desert faith, or friend, or duty, 
without betraying his own life. Dishonor in him would have been moral 
suicide. 

Hon. George B. S.mitii made a few remarks, from 
which we extract a single paragraph: 

On the formation of our state government he retired from the bench, 
and from that time to his death he was engaged in the practice of his 
protession. His high character as a jurist secured for him an extensive 
practice in the western portion of the state, and his benevolent and pure 
character made him at all limes and in all respects the counselor and 
friend of a very large circle of acquaintances. Although he died in the 
fullness of years, he died deeply regretted by all who knew him. His 
fame as a lawyer and a judge, and his services in the formation of our 
constitution and framework of our civil polity, will live while the annals 
of our state shall last, for the history of Wisconsin will not be faithful 



HON. EXPERIENCE ESTABROOK. 211 

or complete without frequent and honorable mention of Charles 
Dunn. 

Mr. Justice Coee, on the part of the court, spoke at 
some len<xth, and after recitino- the main features in the Hfe 
of the learned judge, concluded his remarks as follows: 

After Judge Dunn resumed practice, I met him frequently as a 
lawyer — sometimes being associated with him on the same side of a 
case, and sometimes being opposed to him, and while he was a most for- 
inidable antagonist, yet I never met a man with whom it was so pleasant 
to practice. Of course he was far above everything that could be termed 
dishonorable, or even what is characterized as " sharp practice " in the 
management of cases. But he was so fair, honorable and obliging in 
everything that related to the mere details of practice, that he never 
failed to accommodate an opposing attorney in matters of this kind when 
he could do so without prejudice to the interests of his client. And he 
observed so religiously his verbal stipulations, that no one ever thought 
of having them reduced to writing from an apprehension that he would 
not abide by them. In his intercourse with the members of the profes- 
sion in court, and out of court, and his demeanor towards the bench, he 
was an example of the highest professional courtesy, dignity and kind- 
ness. 

This, of course, is not the occasion to review the judicial career, or to 
attempt to estimate the value of the public services of Judge Dunn. 
But I cannot withhold an expression of the belief that he will be in the 
future — even if he is not now regarded as having — by his labors upon 
the bench, and by his wisdom and sound statesmanship in the Constitu- 
tional Convention, contributed as much to lay the foundations of the 
political and judicial systems which we now enjoy, as any individual. 

The request and motion to enter upon the records of the proceedings, 
the resolutions of the bar of the fifth circuit, and the proceedings and 
resolutions of the supreme court, presented, are granted. 

HON. experience ESTABROOK. 

The ancestry of Mr. Estabrook was Puritan. His 
father was Setii Estabrook, the maiden name of his 
mother was Hannah Hibbard. He was born in Leba- 
non, Grafton county, New Hampshire, April 30, 1813, had 
a common and private school education, and became a 
lawyer by profession. He married Caroline A. Max- 
well, April 17, 1844, and resided for a short time at 
Alden, Erie county, New York; settled at Geneva, Wal- 



212 HON. EXPERIENCE ESTABROOK. 

worth county, Wisconsin, in Jul}-, 1840, where he soon be- 
came prominent, having been chosen district attorney and 
school commissioner before his election to the Constitu- 
tional Convention. After that event, he served as a mem- 
ber of the assembly and as attorney general of the new 
state. Removing to the territory of Nebraska many years 
since, he was elected delegate to congress, and has also 
filled manv other important public positions since that state 
was organized and admitted into the Union. 

Mr. EsTABROOK filled a very prominent position in the 
Constitutional Convention of 1847-8 in Wisconsin, having 
been chairman of the committee on education and school 
funds: and it is to him and his able associates that the state 
is indebted largely for its present educational system. 
While he made but few speeches, they were uniformly 
upon the most important subjects pending, and always terse, 
logical and to the point. Upon the question of extending 
suUVage to all alike, without regard to color, he took a 
position far in advance of his party at that time, and was, 
indeed, one of the pioneer leaders in breaking from the 
shackles of mere prejudice, and rising to the real dignity 
and ei.[uality of republican government. In all the discus- 
sions reported, his views and his acts were conservative — 
never extreme — and his reasoning was marked by a solid- 
ity and cogenc}' that time has long since demonstrated to 
have been correct. Possessing abilities and legal acquire- 
ments of a high order, and a noble and patriotic purpose to 
aid in the erection of a state worthy of its people, his u'ork 
has left a marked and enduring impress on Wisconsin, 
where his name should ever be held in high honor. 

Among pioneer experiences, Mr. Est ab rook makes 
record that he attended the first term of the first court held 
in r^lkhorn, Walworth count}-, and brought the first case 
in bankruptcy; that he owned a dog, a near relative to 
Judge Trvin's " York," which insured him much success 
in itraclice in the judge's court; that he once examined our 



HOXS. FAGAN — FEATIIERSTONHAUGII. 213 

present Justice Lyox, of the supreme court, for a school- 
master; and that he put the iirst boat, the schooner rij^y^ecl 
" Ariel," of live tons, on Geneva lake. 

HON. JAMES FAGAN. 

James Fagan was elected to the second Constitutional 
Convention from Grafton, Washington county. He was 
born in Ireland, and was, at the time of the convention, 
thirty-five years of age. lie served on the standing com- 
mittee on education and school funds, but took no conspicu- 
ous part in the general proceedings. He was a gentleman 
of sterling worth, and felt a deep interest in the work in 
hand, aiding to the extent of his abilities in securing for 
AVisconsin a liberal and progressive organic law of devel- 
opment. Mr. Fagan was a member of the assembly from 
Washington county, in the years 1849 and 1857. He is 
reported a.s ha\ing died several years ago. 

HON. GEORGE W. FJ':ATHERST0NIIAUGH. 

George W. Featherstonhaugii was born in Alban}-, 
New York, in 1814, and at the time of his election to the 
second Constitutional Convention, in 1847, from Pequot, 
Calumet county, was a miller by occupation. He served 
in that body on the committee on schedule and other mis- 
cellaneous provisions, but took only a limited part in the 
general proceedings. He was elected also, in 1847, from 
the same county, to the territorial house of representa- 
tives, and served until the close, in 1848. With much force 
of character, a highly finished education, and manv excel- 
lent qualities, Mr. Fj':atiierstoxiiaugii had serious defects 
which operated to defeat a public career that might other- 
wise have been conspicuous for usefulness. He has long 
resided in Milwaukee, but it is undei'stood that his health 
is now much broken, and that he is sutlering from the 
infirmities of old age. 



214 HONS. FENTON — FITZGERALD — FOLTS. 

HON. DANIEL G. FENTON. 

It is a source of regret to the committee that they have 
been unable to obtain the famil}^ record of Col. Fexton, 
an early settler at Prairie du Chien. He was elected a 
member of the second Constitutional Convention, from 
the counties of Crawford and Chippewa, and served in 
that body on the committee on executive, legislative, and 
administrative provisions. He was a native of New Jer- 
sey, a lawyer by profession, and at the date of the session, 
was thirty-seven years of age. After the state organiza- 
tion, he was elected a member of the first state senate, in 
1848, was frequently sent as delegate to state and other 
conventions, and was widely -known in political circles. 
He died suddenly about 1850, his wife soon after removing 
to Green Bay, where all trace seems to be lost. He was 
a gentleman of courteous, dignified and aftable address, 
possessing large mental and scholarly attainments, and had 
a large circle of friends. With some defects incident to 
his surroundings, and a hospitable disposition, his merits 
were great and predominant. Few, indeed, among old 
settlers, but will remember him, and all will lament his 
early death, and the failure to obtain data to make a 
record of his personal career and history. 

HON. GARRETT M. FITZGERALD. 

[Garrett M. Fitzgerald was a member of both Constitutional Con- 
ventions. For sketch, see page 79.] 

HON. JONAS FOLTS. 

Jonas Folts was born in Herkimer, Herkimer county. 
New York, March 12, 1808. He received an academic 
L'ducalioii, and after some 3'ears spent as a book-keeper, 
embraced the occupation of farming. He was married 
October 20, 1835, to Sally L. Bartlett, and the same 
year settled in Milwaukee. The year following, he made 
a claim in the town of Summit, now Waukesha county. 



HON. EZRA A. FOOT. 215 

and took up his abode in the then wilderness, in company 
with T. C. DousMAN, E. W. Edgerton, L. C. Leavitt, 
and one or two others, where he resided several years, 
holding man}^ town oilices meanwhile. He removed to 
the town of Hebron, Jetierson county, in 1843; was elected 
register of deeds in 1846, member of the Constitutional 
Convention in 1847, and to the state legislature in 1867, 
besides holding many minor positions of public trust. 

The part taken by Mr. Folts in the convention was 
passive rather than active. He introduced several propo- 
sitions and resolutions, but took no part in the general de- 
bates. His votes, however, were cast intelligently on all 
matters that came up for action, and he performed very 
useful services as a member. He was in all respects an 
honorable and worthy citizen, and a safe and trusty legis- 
lator. He died at Hebron on the 24th of June, 1876. 

HON. EZRA A. FOOT. 

The ancestral record of Mr. Foot is thus stated: 
Father — Joseph Foot, of Watertown, Connecticut; 
mothers maiden name, Abigal Baldwin, of Washington, 
in the same state, — eighth generation from Nathaniel 
Foot, one of the first settbn's in Wetherstield. His father 
was a cousin of United States Senator James A. Foot, of 
Connecticut, who was the father of Commodore A. H. 
Foot, and also cousin of Roxana Foot, wife of Lyman 
Beecher, D. D., and mother of Henry Ward Beecher. 

Ezra A. Foot was born in North Goshen, Connecticut, 
February 6, 1809; had a common school education, and 
became by profession a farmer and produce dealer. He 
was married June 4, 1829, to Clarissa Beach, daughter 
of Julius Beach, Esq., of Goshen, Connecticut; came to 
Wisconsin in 1843, and settled at the place where Foot- 
ville, Rock county, now stands, May 28, 1845. 

He was a candidate for election to the llrst Consiitutional 
Convention in 1846, but was defeated with the balance of 



2l6 HON. ALBERT FOWLER. 

the whig ticket. He was elected a member of the second 
convention in 1847, and served on the committee on en- 
grossment, and took an active part in all proceedings. Prior 
to locating in Wisconsin, he had held about every local 
otllce in the gift of his townsmen in Connecticut, and the 
same also here, after the state was organized. In 1857, he 
was elected a member of the assembly, and in i860, to the 
state senate, serving as chairman of the committee on 
agriculture in 1861, and on finance in 1862. He was ap- 
pointed a trustee of the State Hospital for the Insane, and 
held the position for some years. In 1869, he remo^'ed to 
Kansas, and was chosen first mayor of the city of La 
Cvgne, police judge, etc. Returned to Wisconsin in 1876, 
and the next year was elected chairman of the board of 
supervisors and justice of the peace. 

From the foregoing record, it will be seen that Mr. Foot 
has passed through all the grades incident to pioneer life, 
AlUing the most important civil positions, every duty of 
which he faithfully and honorably discharged. His public 
career has been a long, and in every sense, useful one. It 
began in Wisconsin when he was elected to the Constitu- 
tional Convention, ^in 1847, at the age of 38, and has con- 
tinued almost without break or interruption for a period, of 
more than thirty years. 

HON. ALBERT FOWLER. 

Albert Fowler is the second of four sons of Dr. 
Elijah Fowler, who was in early life a soldier in the war 
of the revolution (and whose father, Gurdox Fowler, 
was a soldier in the old French war, in 1755), and later 
settled in Tyringham, Berkshire count}', Massachusetts, , 
about the year 1794, where he practiced his profession 
until his death, in 181 2. These are all descended from the 
Puritan ancestor, Willlvm Fowler, of the New Haven 
colony of 1637. The father of Albert Fowler, dying in 
181 2, left a family of four sons and one daughter, all voung 



HON. ALBERT FOWLER. 217 

children, and in destitute circumstances. They shortly 
emigrated to Chautauqua county, New York, where they 
grew to manhood. 

In 1832, Albert Fowler emigrated to Chicago, reach- 
ing there in the month of June of that year, and was there 
when General Scott arrived with troops for the Black 
Hawk war, and who brought the cholera with them. In 
common with others who were able to do so, Mr. Fowler 
left Chicago, returning to Detroit by way of the lakes, 
where he sought and found empkn-ment for a brief pe- 
riod, and later retired into the country, and taught a school 
during the winter of 1832-3, returning to Ciiicago in the 
spring of 1833, where he remained during the summer, 
and bought and sold some real estate. He went to Bullalo, 
in September, and purchased a stock of Indian goods, to 
sell at the great Indian payment, held at Chicago in Sep- 
tember, 1833. He realized handsomely on the venture. 
Concluding to go to the then trading post at the mouth of 
tlie Milwaukee river, he left Chicago in company with 
Robert J. Cousin, Andrew Lansinc;, and Quartus G. 
Carlev, and they were encamped on the banks of Root 
river the night of the great meteoric shower, in November, 
1833, and reached Milwaukee the i8th day of November 
of the above year. George H. Walker was then at 
Skunk Grove, but had never 3-et been to the present site 
of Milwaukee, and did not go there until the following 
spring. 

Cousin and Lansing afterwards settled at Jefferson, and 
Carley in Kenosha county. 

Mr. Fowler and party took up their abode, for the 
winter following their arrival, in a log cabin, owned by, 
and probably erected by, Solomon Juneau, and located 
near the present intersection of Wisconsin and East 
Water streets, where they kept bachelor's hall, as the 
saving is, until the following spring, there being no other 
white men in the place excepting Solomon Juneau. In 



2l8 IIOX. ALBERT FOWLER. 

the month of January, 1834, ^^^'- Fowler visited Chicago 
on horseback to obtain a physician for Mrs. Juneau, for 
which he was rewarded by Mr. Juneau with a new suit 
of clothes. 

In the spring of 1834, Mr. Fo"\VLER became a member 
of Mr. Juneau's family, and continued to live with them 
until 1836, being in his employ most of the time, and en- 
gaged in his trading expeditions among the Indians. He 
learned the Menominee and Pottawotamie dialects, and 
was given the name of " Mis-kee-o-quo-wen," which sig- 
nifies red-cap, in consequence of his wearing a red cap 
when he came among them for the first time. During the 
latter part of the summer of 1835, James Duane Doty 
and Morgan L. Martin went as delegates from the ter- 
ritory of Wisconsin to a session of the council at Detroit, 
and upon their return they brought a commission to Mr. 
Fowler from Sti^.piien T. Mason, the governor of the 
territor}' of Michigan, as justice of the peace, clerk of the 
court, etc. As there was no court organized, there was 
no service rendered in the latter capacity, but the justice 
court was opened with a jurisdiction extending over all the 
country lying east of Rock river, in Wisconsin. Under 
the authority conferred by this commission, Mr. Fowler 
opened the hrst volume of records in the recorder's office 
of Milwaukee, and most of the records in the original vol- 
ume were in his handwriting. 

Mr. Fowli:r, Mr. Kilbourn, Archibald Clybourn 
and others platted, in 1835, and owned, that portion of the 
fourth ward of Milwaukee at that time laid out. 

Mr. Fowler continued to deal extensively in real estate, 
until the panic of 1837 put an end to such operations, and 
in 1839 ^^^ retired to a farm in the township of Wauwa- 
tosa, in Milwaukee county, and two years later to another 
farm in the same township, where he remained until the 
dealli of his wife in 185 1. 

Many an early settler of those da}s will remember with 



HON, ALBERT FOWLER. 219 

gratitude the name of Albert Fowler, who was ever 
ready to aid the poor settler with practical assistance and 
encouragement. Mis house and his fare were free to all 
who were worthy and in need, without money and without 
price, and few men in Milwaukee county in that early day 
had a more extended acquaintance than he, or were more 
respected for their honesty and probity of character. In 
business affairs he always paid one hundred cents on the 
dollar, and continued to do so after the panic of 1837, which 
found him greatly involved, in common with many others. 

Mr. Fowler subsequently settled in Rockford, Illinois, 
in 1853, where he has ever since remained, and although 
three times honored with the highest ollice in the gift of 
that municipality, he has many times expressed his regrets 
at having left Milwaukee, the home of his llrst choice in 
early manhood, the fair commercial metropolis of Wiscon- 
sin, in which he has alwa}s felt a just pride as one of its 
founders; in fact, the first white settler who came and re- 
mained, after Solomon Juneau, before Walker, before 
KiLBouRN, or an}' other, except as mentioned, the pioneer 
guard of the 120,000 there at the present time. 

Mr. Fowler was a representative from the county of 
Milwaukee in the Constitutional Convention of 1847-8, 
and was one of the most attentive members of that bod}', 
lie was not a frequent speaker, but his excellent common 
sense gave him a wide inlluence on committees, and in his 
advice on matters pertaining to the business of the conven- 
tion, was of value, making him a very useful member. 

Mr. Fowler, now, in 1880, in his 78th year, enjoys a 
fair degree of health, and is remarkably well preserved in 
appearance. His recollections of pioneer events and men 
are of an interesting and entertaining character, and, were 
he accustomed to the writing of memoirs and biographical 
sketches, could alTord the public some very interesting 
accounts of tiie early days of the settlement of Milwaukee. 



220 HON. WILLIAM HERMAN FOX. 

HON". WILLIAM HERMAN FOX. 

William H. Fox was a son of William Fox, of the 
family of O'Sionacii (anglicised Fox), of Tiffia and Kil- 
courcey county. West Meath, Ireland, and Eleanor Tyn, 
his wife. He was born in Moate a Granougo county, West 
jNIeath, Ireland, September 14, 1814, received a select school 
and medical collegiate education, and was by profession a 
physician. He settled at Cleveland, Ohio, in 1833, removed 
to Lima, Lagrange county, Indiana, in 1839, and from 
thence to Wisconsin territory in November, 1842, entering 
the land on which he has ever since resided, at the United 
States land othce, in section thirty-five, town six, range 
nine, in Dane county, and commenced improvements on the 
same in 1843. In December, 1841, he was married to Cor- 
NiiLiA Averill, of Lagrange, Indiana, who died in April, 
1864. In March, 1867, he married Emily Kingsley, of 
West Meath, Ireland. 

He was elected a member of the Constitutional Conven- 
tion in 1847, and served in that body on the committee on 
general provisions, comprising preamble, boundaries and 
admission of the state, suffrage and elective franchise, in- 
ternal improvements, taxation, finance and public debt, 
militia, eminent domain and property belonging to the state, 
bill of rights, and such other provisions as were referred to 
the same. 

The part taken by Dr. Fox in the proceedings of the 
convention, while not especially prominent, was eminently 
useful, and produced a lasting impression, especially his 
action upon the suffrage question, the article as it stands 
in the constitution having been in a large measure dictated 
by him, and has ever since proved satisfactory to all par- 
ties. Except his services as a member, the Doctor has 
ever since avoided public life, and attended almost exclu- 
sively to his large farm, and the labors of his profession, 
which covered a field for many years scarcely bounded by 



IIOX. GEORGE GALE. 221 

the limits of Dane count)'. His life has been one of intense 
activity and unselfish devotion to the bodily health and in- 
terests of all about him. A trusty friend, of warm and 
generous impulses, a wise counselor and kind neighbor, 
eminent for professional skill which has ever been in con- 
stant requisition, he has reached old age after a well spent 
life, in every sense honorable and useful, enjoying through- 
out the esteem and respect of all who knew him. His 
experience as a pioneer settler, like that of most of his as- 
sociates, covers nearly the entire annals of both territory 
and state. 

HON. GEORGE GALE. 

George Gale was born in Burlington, Vermont, No- 
vember 30, 1816. His grandfather, Pi:ter Gale, was a 
native of Vermont, and served in the continental army; 
his father, whose name was also Peter, was one of the 
" minute men " of Barre, Vermont, in the second war with 
Great Ilritain. His mother's name was Hannah Tot- 
TiNGHAM, and she was of genuine Puritan stock. The 
subject of this sketch lived on a farm during his boyhood, 
and divided his time in working on a farm and attending 
school. He possessed a remarkable love for books, and 
found recreation in study. After obtaining a fair educa- 
tion, in IVIarch, 1839, ^^^ commenced reading law^ at Water- 
bury Center, and was admitted to the bar in 1841. In the 
same year he removed to the then territory of Wisconsin, 
and located at Elkhorn, wlicre he commenced the practice 
of his profession. In addition to his professional labors, 
he was for one year the editor of the Wcsto'u Star, pub- 
lished in Elkhorn, to which he contributed many able 
articles. In 1846, he published the "Wisconsin Form 
Book," revised editions of which were published in 1848, 
1850, and 1856. He also published a valuable work on 
the "Upper Mississippi," and performed considerable labor 
on the records of the Gale familv. 

In 1847, he was elected a representative from Walworth 



222 HON. PETER D. GIFFORD. 

countv, to the Constitutional Convention, in which body 
he was a prominent and hard working member. He 
served as a member of the committee on the judiciary. 
He held several official positions after the convention. 
Among them, we note that he was district attorney one 
term; state senator in 1850 and 1851. The latter year he 
removed to La Crosse, and w^as countv judge of that 
county four years, and circuit judge from 1857 to 1863. 
In 1853, Judge Gale purchased a large tract of land, 
including the present site of Galesville, and the next 
winter he procured the organization of the county of 
Trempealeau. He founded the Galesville University, 
endowing it to the amount of ten thousand dollars. In 
1857, he settled on a farm near Galesville. Owing to fail- 
ing health in 1862, he spent the winter in the south for its 
benefit; and the two following wdnters were spent in the 
south, but without anv permanent relief. He died of con- 
sumption in April, 1868, at the age of fifty-two years. 

In December, 1844, Mr. Gale was married at Elkhorn, 
to Miss Gertrude Young. They had three children, 
two sons and a daughter, all of whom are now settled in life. 

HON. peter D. GIFFORD. 

Peter D. Gifford was a native of the state of New 
York, born in 181 2, and by general occupation a merchant. 
He came west at an early day and settled in Waukesha 
county, from which county he was elected to the Constitu- 
tional Convention in 1847. He took part in the debates on 
several important articles, and w'as regarded as a useful 
member. He was a gentleman of aflable and social dis- 
position, kind hearted, generous, and ever held in high 
esteem by all who knew him. In 1862, he w^as elected to 
the assembly. With increasing age and infirmities he 
finally became partiall}' deranged, and died some five years 
ago in the insane hospital at Madison, to wiiich he had 
been sent for medical treatment. 



IIONS. JAS. HARRINGTON — L. P. HARVEY. 223 

HON. JAMES HARRINGTON. 

James Harrington was a native of the state of New 
York, bom in 1810, and by trade a carpenter. He was 
elected to the second Constitutional Convention from Wal- 
worth county, in 1847, but took no conspicuous part in the 
proceedings. He was a gentleman of fine abilities, good 
judgment, and honest purposes. Of his after career no 
report has reached the committee. He removed to St. 
Paul, Minnesota, and died there in 1852 or 1853. 

HON. LOUIS POWI^LL, HARVEY. 

Louis Powell Harvey was born in East Haddam, 
Connecticut, July 22, 1820. His parents were not wealthy, 
and the son early felt the necessity of^ taking care of him- 
self, in seeking his own fortune. In 1828, when our sub- 
ject was but eight years of age, the family removed to 
Strongsville, Cuyahoga county, Ohio. Louis prepared 
himself for college, and in 1837 entered the freshman 
class in the Western Reserve College, located at Hudson, 
Ohio. Here he remained two years, when, on account 
of ill-health, he was compelled to leave the institution, 
deeply to his own regret. He was a great favorite with, 
his fellow students. On leaving college, he started out as 
a teacher, and spent a year or two at Nicholasville, Ken- 
tucky, in charge of an academv, when he obtained a situ- 
ation as tutor in Woodward College, Cincinnati, where he 
remained two years. In 1840, Mr. Harvey took a prom- 
inent part in the Harrison campaign, speaking in several 
places with marked ability. These were his lirst efforts 
at public speaking. In the autumn of 1841, he located in 
Southport (now Kenosha), in Wisconsin, where he opened 
a school on the 25th of December, 1841, meeting with good 
success. In addition to his duties as a teacher, in 1843, he 
assumed the editorial charge of the Southport American^ a 
whig paper. While under his charge, this paper was con- 



224 HON. LOUIS POWELL HARVEY. 

ducted witli ability and spirit. He was called to fill several 
positions in tlie town during his residence at Southport. 
From President Tyler, Mr. Harvey received the ap- 
pointment of postmaster, but not being able to follow the 
fortunes of that man, soon lost the position. 

In 1847, Mr. Harvey was married to Miss Cordelia 
A. Perrine, a lady of rare accomplishments, whose after 
life forms an important chapter in the war history of the 
state. In the same year, he located at Clinton, in the 
county of Rock, and opened a store; and in the fall, was 
elected as one of the representatives of that county to the 
convention that framed the organic law of the state. He 
was one of the youngest men in this body, but occupied a 
conspicuous position in its deliberations. He was a 
member of the standing committee on education and 
school funds, and was prominent in shaping the educa- 
tional system of the state. In the discussions of the con- 
vention he took an active part, and was considered one of 
the ablest and clearest debaters in it. 

In 185 1, Mr. Harvey located at Waterloo (now Sho- 
piere\ which continued to be his residence while he lived. 
Here he purchased a water-power, and tearing away a 
distillery that had long been a curse to the place, erected 
on its site a flouring mill, and established a retail store. 
Here he was the leading citizen, exercising a great in- 
fluence in reforming the morals of the place. 

Mr. Harvey served two terms in the state senate, 
commencing with the year 1854. ^^ "^"^''^^ ^ leading- 
member of that body in its deliberations, and during his 
last term served as president fro km., discharging most 
acceptably the duties of this high position. During the 
years i860 and 1861, Mr. Harvey served as secretary of 
state, bringing to that department rare ability and great 
energy of character. As a member of the board of 
regents of the State University, he rendered valuable ser- 
vice. Ho was ever a strong friend of that institution, as he 



HON. LOUIS rOWELL IIARVEV. 225 

was to the great cause of education geriLTallv. In his 
speeches and public acts, he evinced much zeal in this noble 
cause. 

In 1 861, Mr. Harvey was elected governor of Wis- 
consin, under the constitution he had taken so important a 
part in framing. On the first Monday in January, 1S62, he 
assumed the duties of the office, and discharged them with 
eminent ability until the 17th day of April following, when, 
by an accident, he was suddenh' called to his final rest, and 
was lost to the people of Wisconsin. The circumstances 
attending his death may be briefly related in this con- 
nection. On receiving the news of the battle of Shiloh, in 
which Wisconsin troops had suffered terrible losses. Gov. 
Harvey deemed it his duty to repair at once to the scene 
of suilering, and to aflbrd all the relief in his power. On 
the following morning, full of vigor and in the most per- 
fect health, he left his home duties, his family comforts, to 
seek out tlie afllicted soldiers of the state, and to administer 
relief and consolation to them. His mission was completely 
successful. His presence among the troops had an electric 
eflect, giving them nezu life and nezu hope. He had finished 
his noble work, and prepared for his return home. On the 
17th of April, he wrote to his wife from Pittsburg Land- 
ing, using thc^e words: " Yesterday was the day oi my 
life! Thank God for the impulse that brought me here! 
I am well, and have done more good by coming than I 
can well tell." This was probably his last letter. He had 
taken position on a boat at Savannah, to await the arrival 
of another vessel that was to convey him to Cairo, on his 
homeward trip. It was late in the evening, and the night 
was dark and rainy. The expected boat hove in sight, 
and as it rounded to, the bow^ touching the one upon which 
the governor stood, he took a step — perhaps stumbled — 
and fell overboard between the two boats, into the Ten- 
nessee ri\er, and all efforts to rescue him proved unaxail- 
ing. He sank, never to rise again, alive. Thus was lost 
15 



226 HON. STEPHEN P. HOLLENBECK. 

to the state, an able, energetic and honest public servant; 
to the community, an excellent citizen and kind-hearted, 
genial man. 

HON. STEPHEN P. HOLLENBECK. 

Abram HOLLENBECK was the father of Stephen, and 
Abigail Bronson, the maiden name of his mother, both 
natives of Vermont, residing at Richmond, Chittenden 
count}-, of whom no further record is made. He was born 
March 28, 1801, and after receiving a common school edu- 
cation, became a mill-wright by profession. He removed 
to Mineral Point, Wisconsin, in 1834, residing in Iowa 
county until 1853, when he located in Green Lake county. 
In 1841, he married Harriet Blair. 

In 1847, he was elected a member of the Constitutional 
Convention, but took no very prominent part in the pro- 
ceedings. The record of his votes on the various proposi- 
tions that came up for action, exhibits keen discrimination 
and practical information as to all matters pending, and an 
honest purpose to make the coming state free and progress- 
ive in its organic structure. After state organization, he 
took little part in public life, although chosen a member of 
the assembly in 1855, and holding for many years various 
important local offices. 

We note but a single pioneer experience, mainly for its 
novelty and daring. In 1840, the Winnebago Indians were 
restive if not hostile, and, despite a treaty, returned to their 
old haunts, greatly to the alarm of many of the earliest 
white settlers. Under orders from Gov. Dodge, and with 
but three men, Mr. Hollenbeck went to Richland countv, 
reached the Indian camp about 10 o'clock at night, when 
the whole band of about one hundred surrendered, and 
were turned over to a captain in the United States regular 
service. On learning the small force sent on such a duty, 
the captain pronounced Gov. Dodge a " fool " for so rash 
an act — one that might have proved fatal to all concerned. 



HON. ANDREW B. JACKSON. 227 

Manifestly he did not appreciate the stern ideas of the 
"old Lidian tiijhter ," and iron will of the oflicer in chari^e. 
But the savages knew whom they were dealing with, and 
acted accordingly. 

The present address of Mr. IIollenbeck is Concord, 
Dodge county, Minnesota. 

HON. ANDREW B. JACKSON. 

Andri:w B. Jackson was born at Wolcott, Connecticut, 
February 14, 1814. He was the son of Orrin and Han- 
nah (Frisbie) Jackson. In 1836, he was married at 
New Haven, Connecticut, to Miss Mary A. Bassett; 
and, in the same year, removed to the west, settling in 
Racine county, Wisconsin, in 1837; from thence to Apple- 
ton in 1861; thence to Menasha in 1862; thence to Evan- 
ston, Illinois, in 1869: and to Rogers' Park in 1875, 
where he died, March 25, 1878, aged sixty-four years. 
It will thus be seen that Mr. Jackson was a pioneer to 
the state, and he has occupied positions of considerable 
prominence. 

In 1846, he represented Racine county in the territorial 
legislature; and in 1847, he was a member of the Consti- 
tutional Convention from the same county. He was alwa\-s 
in his place, watchful of the interests of his constituents, and 
ellicient in carrying out their wishes. Soon after the in- 
auguration of President Lincoln, Mr. Jackson was ap- 
pointed as register in the land othce, at Menasha, in i86r, 
a position which he held for several years. In early life, 
Mr. Jackson was an active member of the democratic 
party, but on the organization of tlie republican party, or 
soon afterwards, he took position in it, and was a valuable 
member of that organization. He took a deep interest in 
promoting the general welfare of l\vi state of Wisconsin 
and its people. He leaves a wife and four children — three 
sons and a daughter. Wherever Mr. Jackson had lived, 
he was highly esteemed as an upright, straightforward, 



228 HOX. MILO JONES. 

christian gentleman, and has always been prominently 
identified with church interests. 

At the reunion of the survivors of the Constitutional 
Convention in 1878, Mr. Jackson made several brief 
speeches. At the evening session, he spoke feelingly of 
the past scenes in the state ; of the work of the convention ; 
of the constitution produced by it ; of the prosperity of our 
state under the organic law adopted thirty years before; 
and of the pleasure he derived on that occasion in meeting 
his old friends, those who were identified with the early 
history of the territory and state. 

As Mr. Jackson was the first one of this gathering of 
veterans called to cross the river, his concluding remarks, 
being about the last words spoken in the meeting, seem 
almost prophetic, and it is eminently proper that they be 
published in this connection. He had spoken for some 
time on points as above indicated, and with much feeling 
closed his remarks as follows : 

Brethren" of the Convention: — Most of those ^vith whom we 
had the honor to labor in framing the organic law of the state, have 
gone to their reward! Their life's work is done! We, lingering here 
awhile, on borrowed time, bearing the gathering infirmities of three 
score years and more, must soon follow them. W^ith trembling hand and 
faltering step, we are nearing the other shore. Ere another decade shall 
have passed away, most, if not all of us, will have jo ned them in the 
life beyond, where they await our coming! May it not be, that, even 
7107V, though unseen, their pure spirits hovering over this iiall, witness 
our greetings, with an immortal sympath_y, unfelt by souls untrans- 
lated? May our Heavenly Father, whom we serve, and whose service 
is perfect freedom, mercifully give us all a gracious journey down the 
remnant of our time, and when it shall be ours to cross to the other 
side, grant us there, a blessed reunion, as felicitous and enduring as the 
eternal years! 

HON. MILO JONES. 

Among the early settlers of Jeflerson count}', in this 
state, was Mii.o Joni'.s, who was born at Richmond, Chit- 
tenden county, Vermont, February 16, 1809. His parents 
were Edward and Lucy (Farnsworth) Jones. Until 



HON. MILO JONES. 229 

1828, MiLO remained at home, receiving sucli education as 
was then atlorded to farmers' boys. At that time he en- 
tered a surveyor's ollice in Burlington, where he spent 
four years, devoting special attention to civil engineering. 
In 1832, he came west as far as Michigan, returning to 
Vermont the following year. He again came to Michigan 
in 1834, spending the summer there in surveying, and the 
next winter came to Wisconsin, where he had an interest 
in a contract for government surveys, extending over sev- 
eral counties. For two years he was employed in this 
work, when, in 1838, he selected the land now including 
the site of Fort Atkinson, erected a log cabin, and on the 
same spot he has resided ever since. In 1839, '^^ com- 
menced the dairy business on a small scale, being the pio- 
neer cheese manufacturer in the state of Wisconsin, which 
now ranks among the first in this department. In the early 
years of his residence here, Mr. Jones had much experi- 
ence with the Indians, but managed them with great skill 
and bravery. 

Mr. Jones was a member of the Constitutional Conven- 
tion of 1847, from the county of Jefferson, and was active 
in framing the organic law of the state. He was not a 
speech-maker, but he was an industrious and hard worker, 
and his views evinced strong practical common sense. 
He served on the committee on general provisions, which 
was the largest and most important committee in the body. 
He was post-master at Fort Atkinson, during the adminis- 
tration of President Pierce; and has held numerous town 
and count}' offices, always discharging their duties with 
fidelity and to the satisfaction of his people. 

In April, 1832, Mr. Jones was married to Miss Sarah 
Crane, of Richmond, Vermont. Of eight children they 
have had, five are living. Mrs. Jones died in 1872. Mr. 
Jones still resides at Fort Atkinson, where he ranks 
among its most prominent and estimable citizens. 



230 IIONS. JUDD — KENNEDY — KILBOURN. 

HON. STODDARD JUDD. 

[Mr. JuDD was a member of both Constitutional Conventions. For 
sketch, see page 107.] 

HON. WILLIAM H. KENNEDY. 

William H. Kennedy was the son of William and 
Jennett (Faires) Kennedy, and was born in Philadel- 
phia, Pennsylvania, in 1809. He received an academic 
education, and studied law, but the principal occupation of 
life was that of a lumberman. He was married at Mosinee, 
Wisconsin, November 28, 1847, to Elizabeth M. Baker. 
He lived for a time at Mt. Carroll, Illinois; settled at 
Mosinee, Wisconsin, in 1845 ; afterwards moved to Wausau. 

In 1847, Mr. Kennedy was elected to the second Con- 
stitutional Convention from the county of Portage, and 
discharged the duties of the position in a manner highly 
creditable to himself and satisfactorily to his constituents. 
He was a gentleman of fine natural abilities, good cultiva- 
tion, and strong practical sense. He died in St. Louis, 
August 29, 1859. 

HON. BYRON KILBOURN. 

Byron Kilbourn was born at Granby, Connecticut, 
September 8, 1801. In 1803, his father. Col. James Kil- 
bourn, remo\'ed, with his own and some forty other fami- 
lies, and settled on what is now the site of the village of 
Worthington, Franklin count}', Ohio. He had good ad- 
vantages for that day for receiving an education; and at 
the age of thirteen, left school and became a clerk in his 
fathers store. He devoted his leisure hours to the study 
of mathematics, and to the reading of history and the law. 
He had no taste for mercantile life, and at the age of six- 
teen abandoned it, and engaged in surveving, which he 
followed for manv years. In 1833, he undertook the 
superintendence of the construction of the Milan ship canal. 
In 1834, '^'-' l'i'i<^lc'd at Green Bay, ha\ing a contract for the 



HON. BYRON KILBOURX. 23 1 

survey of public lands. The country was then a wilder- 
ness, and Mr. Kilbourx traveled on horse-back, carrying 
all the necessary articles for camping, etc., with him. Dur- 
ing his first year in Wisconsin, he visited Milwaukee and 
concluded to locate at that point, and made selection of 
lands embracing that part of the present city, on the west 
side of ISIihvaukee river. A town was organized on the 
west side in 1837, and Mr. Kilbourn was the first presi- 
dent. His first project was a canal connecting Milwaukee 
with Rock river, a matter to which he devoted much en- 
ergy for several years, as the records of subsequent legis- 
lation will show. In 1840, Mr. Kilbourn was a candidate 
for delegate to congress, but was defeated bv Gov. Dotv. 
In 1845, he was elected to the territorial legislature; and 
the year following, Milwaukee became a city, and he was 
a member of the first board of alderinen. 

In 1847, he was chosen as a representative of Milwaukee 
to the Constitutional Convention, and in that body he took 
a conspicuous part in committee work and in the debates 
of the convention. He was chairman of the committee on 
general provisions, and as such, drew up man}- of the im- 
portant provisions of the constitution. In 1848, he was 
mayor of Milwaukee. In 1849, he became president of the 
Milwaukee and Mississippi Railroad Company, which 
position he held till 1852. He then engaged with zeal in 
the prosecution of the Milwaukee and La Crosse Railroad. 

Mr. Kilbourn was again elected mayor of Milwaukee 
in 1854. He was the democratic candidate for United 
States senator in 1855. ^^ ^^ claimed that no man in Wis- 
consin has made so many railroad speeches, or has so often 
presided over state and district conventions and other pub- 
lic meetings, as Byron Kilbourn. He was a man of 
great power both physically and mentally, and did ver}- 
much to develop the material interests of the state in its 
early days. 

In the fall of 1868, Mr. Kilbourn went to Florida for 



232 HON. RUFUS KING. 

the benefit of his health, where he died suddenly of apo- 
plexv, on the i6th of December, 1870, in the seventieth 
year of his age. 

HON. RUFUS KING. 

Gen. RuFus King was born in New York city, January 
26, 1814. He was the son of Charles King, who was many 
years a distinguished editor in New York, and president 
of Columbia College from 1849 to 1864; and was the 
grandson of Rufus King, who was the first United States 
senator from New York, minister to England under 
Washington's administration, and w^as acknowledged, in 
the early years of the republic, as an able diplomatist, a 
wise and liberal statesman, a brilliant orator, a genuine 
patriot, and a philanthropist of enlarged views and true 
insight. Blessed with such an ancestry, the subject of this 
sketch possessed the very best early advantages for 
obtaining an education, and for becoming well versed in 
governmental affairs. 

RuFus King graduated at West Point, and was ap- 
pointed brevet second lieutenant in the corps of engineers, 
in July, 1833; ^^ resigned his position in 1836, and became 
assistant engineer on the Erie railroad, a position he held 
two years. In 1839, he became an editor of the Albany 
Advertiser, and on the accession of Hon. William H. 
Seward to the executive ofilce in New York, Mr. King 
was made adjutant general, and held the place for the sue-, 
cceding four years. From 1841 to 1845, he was an asso- 
ciate editor of the Albany Evenimr Journal, then under 
the general direction of Thurlow Weed. For some 
years, Mr. King was commanding officer of the Albany 
Burgess Corps, one of the finest military companies in the 
stale. In 1845, Mr. King located in Milwaukee, and be- 
came chief editor of the Sentinel, a position he held, with 
complete acceptance to the patrons of that paper, until the 
accession of Mr. Lincoln to the presidency in 1861, when 



HON. RUFUS KING. 233 

he was appointed by the president minister to Rome, 
which position he accepted, and was about to proceed to 
Italy, when the civil war began, bv the bombardment of 
Fort Sumter. Having been educated in the military school, 
Gen. King felt that his services were due the government in 
a military capacity, and, without hesitation, he removed his 
baggage from the steamer, and in May, 1861, tendered his 
services to the government. They were gladly accepted, 
and he was at once appointed a brigadier general of vol- 
unteers. He served his country faithfully; for a time, in 
the defenses of Washington, when he was assigned to the 
command of what was known as the " Iron Brigade." He 
w^as commander of a division at Fredericksburg, Grove- 
ton, Manassas, Yorktown, and Fairfax Court House. In 
October, 1863, becoming somewhat enfeebled in health, he 
resigned his position in the army, and was re-appointed as 
United States minister to Rome, where he remained till 
1867, when this mission was abolished. 

In the fall of 1847, Gen. King was elected as one of the 
representatives from Milwaukee to the Constitutional Con- 
vention. It is unnecessary to say that a man of his supe- 
rior ability and extensive knowledge of affairs took a very 
active and leading part in the framing of our state consti- 
tution. He was a member of the committee on executive, 
legislati\'e and administrative provisions, and served on 
several special committees. Gen. King was not a speech- 
maker, never consuming time simply to make a speech, 
but he was happy in expressing his views on any subject 
in remarkabh' terse and clear language; never using un- 
necessary words. After the inauguration of state govern- 
ment. Gen. King served as a regent of the university, vis- 
itor to West Point Academy, and, from 1859 to 1861, was 
superintendent of schools in the city of Milwaukee. He 
was a man of polished and pleasing manners, generous 
hearted and patriotic. In all places and at all times, he 
was the true, retined gentleman, interesting and instructive 



234 



HON. AUGUSTUS C. KIXXIE. 



in conversation ; a writer of great power and elegance, and 
a genial companion and friend. 

On the return of Gen. King from Rome, he occupied, 
for a time, a position in the New York custom house, until 
a failure of his health compelled him to retire from business, 
when he located at Elizabethtown, New Jersey. He died 
in New York city of pneumonia, October 13, 1876. 

A classmate of Gen. King, in closing a brief sketch of 
that gentleman, paid a handsome tribute to his memory in 
the following paragraph: 

In his more than three score years of life, King filled many spheres 
of varied responsibility — engineer, editor, soldier, diplomatist, and others 
of less note, and he did honor to them all ; but his chief title to remem- 
brance was his own noble manhood, fervent patriotism, and affectionate 
disposition, which enshrined his image in the heart-niches of hosts of 
ardent admirers. Few were warmer in their friendships; none more 
genial in the social amenities of intercourse; and even in controversy 
he gave no vent to acerbity of feeling nor rancor of expression. His 
conversation was sparkling, full of sentiment, rich in reminiscence, and 
alwavs captivating by its temperate tone and joyous utterance. It was 
never thrust upon you; nor were you made to sit under it as receiving a 
lecture from one above you; but his flowing words soothed you with a 
calm gentleness, pictured all he said by graphic illustration, and con- 
vinced more by magnetizing the heart than by capturing the brain. In 
writing he had an easy, graceful style, of great purity and elegance; was 
just, generous and honorable in all he expressed; and, though often 
wielding a part'san pen, his vigorous blows were given with the hiace 
of a templar knight. It was not within the possibilities of his noble 
nature to willingly wound a friend, and even for the bitterest foe he 
always had Christian charity. Ever 

"Me kept his tempcr'd mind, serene and pure, 
And ev'ry passion aptly harmonized, 
Amid a jarring world." 

HON. AUGUSTUS C. KINNIE. 

Augustus C. Kinnie was born in Norwich, Chenango 
county. New York, December 3, 1808. He received an 
academic education. His general occupation was that of 
a teacher and farmer. He settled in the town of Trov, 



HON. GEORGE W. LAKIN. 235 

Walworth county, in June, 1838, and both previous to and 
after his election to the Constitutional Convention in 1847, 
held several positions of public trust, both town and 
county. In 1853, he married Cecilia Rosexkrans. 

His services in the convention, while not conspicuous, 
were valuable and useful, and evinced a tliorough appreci- 
ation of the great work in hand, and an honest zeal to lay 
the foundations of the new state on the broad basis of jus- 
tice and equality. 

His after career seems to have been uneventful. He 
died in the town of Sugar Creek, Walworth county, Jan- 
uary 23, 1863. 

HON. GEORGE W. LAKIN. 

George W. Lakin was born in Harrison, Cumberland 
county, Maryland, March 29, 1816. 'He was educated at 
the Wesleyan Seminary, at Readtield, Maine, graduating 
in 1837. In the same year, he taught school in Livermore, 
Maine, boarding in the family of Israel Washburne, 
father of the noted family of congressmen by that name. 
He commenced the stud}^ of law in 1838, at Readfield 
Corners; came to the west in 1839, spent some time in 
Missouri, and was admitted to the bar of that state in 
1 84 1. After admission to the bar, he came at once to 
Wisconsin, and opened an othce at Platteville, Grant 
county, in the same year. 

In 1847, Mr. Lakin was elected as a representative from 
the county of Grant to the Constitutional Convention, and 
in that body served on the committee on banks, banking 
and incorporations. He took prominent part in 'the dis- 
cussions in the convention, speaking upon many of the 
most important subjects before it. He had a strong mind, 
liighly cultivated, and, possessing an excellent voice, his 
speeches were always listened to with marked attention. 
In 1848, he was elected a member of the state senate, in 
which body he served two years, ranking among the 



236 HON. CHARLES HENRY LARKIX. 

ablest men in it, and was valuable and useful in shaping 
the alTairs of the state government. 

He was appointed United States district attorney for 
Wisconsin, in 1849, by President Taylor, and held the 
office till the close of Mr. Fillmore's term in 1853, dis- 
charging the duties of the position with marked ability 
and fidelity to the interests of the government. In 1854, 
Mr. Lakin removed to the city of Milwaukee, where he 
has ever since devoted his time to the practice of his pro- 
fession. His health for some years has not been good. 
He still resides in Milwaukee, an honored member of its 
bar. 

HON. CHARLES HENRY LARKIN. 

Charles Henry Larkin was born in the village of 
Stonington, Connecticut, May 12, 1810; was educated in 
public and pri\'ate schools, and pursued an academic course; 
is by occupation a farmer and real estate broker; he re- 
moved from Connecticut with his parents, to Alden, Erie 
county, New York, in 1815, and worked on a farm until 
sixteen years of age; from that time until coming west, he 
was engaged in mercantile pursuits, reading law a portion 
of the time; he came to Wisconsin in 1836, and settled at 
Milwaukee; was elected sergeant-at-arms of the territo- 
rial legislative assembly in 1845; chosen a member of the 
second Constitutional Convention which framed the present 
state constitution, in 1847. He did not take prominent 
position in the convention, but was in constant attendance 
and exercised strong sense in his advice and action. Being 
of an extremely genial nature, no man was more popular 
with his associates than was Mr. Larkin. He was ap- 
jiointed county treasurer; appointed pension agent by Pres- 
ident Buchanan, and served four year^; was elected sheriff" 
of Milwaukee county in i860, and served two years; 
served lour years as school commissioner, and has been one 
of the commissioners of public debt of Milwaukee for five 
years; was elected state senator in 1865, and re-elected in 



HON. CHARLES II. LARRABEE. 237 

1867; on the breaking out of the rebellion, he received a 
colonel's commission, but did not serve, but took a decided 
stand for the Union, urging the people from the first to lay 
aside political ditferences and fight for the Union; was 
elected to the assembly in 1871, and appointed by Gov. 
Fairciiild a member of the state \^siting committee. 

Mr. Larkin is still a prominent resident of Milwaukee, 
and although seventv years old, is active in discharging his 
duties as a citizen. I le has ever taken pride in the city of 
his adoption in th j west, and has exhibited a lively interest in 
its growth and prosperity. He has been a resident of 
Milwaukee from its earliest da}'S, and has witnessed e^'ery 
step in its progress to its present position among the great 
cities of the countrv. Mr. Larkix has an extensive ac- 
quaintance in the state, and is a general favorite in all circles 
in which he moves; genial, cordial, warm hearted, he 
makes friends wherever he makes acquaintances. 

HON. CIIARLi:s II. LARRABEE. 

Charles H. Larrabee was born in Rome, Oneida 
countv, New York, November 9, 1820. His ancestral 
record is thus stated: Paternal — Rev. Charli:s Larra- 
bee, descendant of a Huguenot pastor who escaped from the 
massacre of St. Bartholomew in France, and landed at 
Baltimore, Maryland, with a few of his surviving flock. 
Maternal — Descended from John Haynes, colonial gov- 
ernor . of Massachusetts, and then of Connecticut, and 
Joshua Hathaway, one of six brothers who carried 
muskets side by side at the battle of Bennington, and who 
was selected to remove the first spadeful of earth at the 
commencement of the Erie canal. 

Mr. Larrabee had an academic education, and was by 
profession an attorney at law. He was married to Mi- 
nerva Norton, at Chicago, Illinois, May 13, 1846, having 
previously resided at Cincinnati and Springfield, Ohio. 
He was city attorney of Chicago in 1846; settled in Dodge 



238 HON. MOLLIS LATHAM. 

county, Wisconsin, March 10, 1847, and was elected a 
member of the second Constitutional Convention the same 
year. In this body, he served upon the committee on gen- 
eral provisions, comprising preamble, boundaries and 
admission of the state, suffrage and elective franchise, 
internal improvements, taxation, finance and public debt, 
militia, eminent domain, bill of rights, etc., and through- 
out, took a leading and prominent part in its deliberations. 

After the state was organized, he was elected and for 
ten years served as judge of the third judicial circuit; was 
elected a member of the thirty-sixth congress; and in 1878, 
in his new home on the Pacific coast, was elected a mem- 
ber to frame a constitution for a new^ state out of the terri- 
tory of Washington. 

His military record was equally brilliant and useful. He 
enlisted as a private in the first Wisconsin regiment ; was 
major in the fifth, and colonel in the twenty-fourth, serv- 
ing on the peninsula under Gen. McClellan, and in Ten- 
nessee under Rosencrans. 

The public career of Mr. Larrabee, both in Wisconsin 
and elsewhere, has ever been in the highest degree honor- 
able and useful. He has proved himself a gifted states- 
man, an able and popular judge, and his military record 
was in all senses patriotic and noble. So long a career in 
various departments of public life is achieved by but very 
few, and the bare enumeration is in itself the highest eulo- 
gium that could be paid to his merits. 

He has resided on the Pacific side of the continent for 
many 3-ears, at divers places, but has finally settled per- 
manently at Seattle, Washington territory. If his life is 
long spared, it is but reasonable to expect that even higher 
civil offices are in store for him. 

HON. IIOLLIS LATHAM. 

HoLLTS Latham was born in Xorthfield, Washington 
county, V'ermont, enjoyed a common school education, and 



HON. JAMES T. LEM'iS. 239 

was by profession and occupation a farmer. He removed 
to Milwaukee in 1836; settled in Elk Horn, Walworth 
county, February 27, 1837; was married to Lemira 
Bradley in x\pril, 1838; and for a long period endured 
all the vicissitudes and hardships of pioneer life. 

He was elected a member of the Constitutional Conven- 
tion in 1847, serving on the committee on executive, legis- 
lative and administrative provisions, and was noted for the 
fidelity with which he discharged every duty. 

Like most early settlers, Mr. Latham has filled many 
important local positions, among which we note clerk of 
county supervisors, for eight years; county treasurer, three 
3-ears; justice of the peace, sixteen years; county superin- 
tendent of the poor, twenty-four years; trustee of Wiscon- 
sin institute for deaf and dumb, nineteen years; member 
of assembly in 1862, besides numerous minor town ofilces. 
In a long, active and useful career, he has filled every sta- 
tion acceptably and with scrupulous fidelity, and the uni- 
versal verdict is, "well done, good and faithful servant." 
His public as his private record is equally noted as unblem- 
ished and without reproach. 

HON. JAMES T. EEWIS. 

James T. LE^\^s was born in Clarendon, Orleans county, 
New York, October 30, 1819. His father was Shubal 
Lewis, and the maiden name of his mother, Ei,i:anor 
Robertson. He enio3'ed an academic education, and for 
many years followed the profession of law, but of late 
that of a farmer; settled at Columbus, Wisconsin, in the 
summer of 1845, and was married, July 23, 1S46, to Oliva 
M. Sturges. 

Mr. Lewis held the ofilce of district attorney, judge of 
probate, and court commissioner, previous to his election 
as a member of the Constitutional Convention, in 1847, at 
the age of 28. In that body, he served on the committee 
on schedule and other miscellaneous proceedings; but, as 



240 IIOXS. F. S. LOVELL — S. W. LYMAN. 

the record sliows, took a prominent part in all its most 
important labors; was not a frequent, but a good speaker, 
and was in every sense an intelligent and useful member. 

In 1852, Mr. Lewis was elected a member of assembl}'; 
in 1853 to the senate, and in 1854 lieutenant governor, after 
which he resumed his profession, until 1861, when he 
served one term as secretary of state; and in 1863, was 
elected governor, and held that position from January i, 
1864, to December 31, 1866. 

Gov. Lewis held the executive office during a very crti- 
ical period of the great war of the rebellion, and has left 
a record of exalted patriotism and zeal for the cause of 
national union, worthy alike of himself and of the state 
he so well represented. As all this has in its detail already 
passed into history, it is necessarily omitted in this sketch. 
Suffice it to sa}^ that in every public position held bv him, 
of all grades, the duties have ever been acceptably and 
honorably discharged. In a long career of usefulness he 
has ever preserved the love and respect of all parties, and 
borne a character for uprightness and integrity which no 
one has ever ventured to assail. Ever a high minded and 
worthy citizen, a wise counselor, and reliable friend to all 
about him, he seems to have inherited by natural impulse 
the sympathies and good will of every one; and this feel- 
intj has in no manner abated since his retirement. Tliat he 
may long survive to witness the fruits of public labors in 
which he so largely and conspicuously participated, will be 
the heart-felt prayer of every one who knows him. 

HON. FREDERIC S. LOVELL. 

[Mr. LovELL was a member of both Constitutional Conventions. For 
sketch, see page 113.] 

HON. SAMUEL W. LYMAN. 

Samuf>l W. Lyman was born in Massachusetts in the 
year 1796. lie was among the first settlers in Hustis- 
ford, Dodge county, and followed farming as a usual 



HON. MORGAN L. MARTIN. 



241 



avocation. In 1847, he was elected a member of the 
Constitutional Convention, and, without achieving special 
prominence, was regarded by all his associates as an intel- 
ligent and valuable assistant. He seems to have avoided 
public life after the state organization, unless perhaps in 
local position, following his ordinary pursuits in quiet, 
without ostentation or ambition for place. He was in all 
senses a worthy and useful citizen, kind neiglibor and val- 
ued friend. He died some twelve or fifteen years ago, but 
the date has not been furnished. 

HON. MORGAN L. MARTIN". 

INIoRGAN L. Martin was one of the most conspicuous 
and distinguished among that band of pioneer settlers who 
earlv gave a national reputation to Wisconsin. He was 
born in Martinsburg, Lewis county. New York, March 
31, 1805, and graduated at Union College, New York, in 
1824, following the same b}^ a thorough legal education. 
In 1826, he removed to Detroit, Michigan, and the next 
year settled at Green Bay, where he has ever since resided. 

In 1831, he was elected a member of the legislative 
council of Michigan, serving until 1835. In 1838, he was 
elected to the territorial council of AVisconsin, and served 
continuous!}- through all sessions to 1844. In 1845, he was 
elected as territorial delen-ate to conj^ress for two vears. 
On the failure of the first constitution to be ratified by 
popular vote in 1846, he was elected a member of the 
Constitutional Convention in 1847, and was chosen presi- 
dent of that body. As he, in this position, appointed all 
committees in connection with other duties, his record is 
less marked in some respects than that of some others: and 
yet the part he took in debate and upon the floor was in 
the highest degree creditable, and materially guided the 
deliberations and conclusions of the convention. His re- 
marks on exemption, internal imjirovements, banking, pub- 
lic lands, judiciary, boundaries and miscellaneous provisions 
16 



242 HON. MORGAN L. INIARTIN. 

are especially noticeable for vigor, directness, profound 
legal learning, personal knowledge of the subject matter 
of debate, and natural bearing upon the future of the new 
state. He was especially distinguished in presiding, for 
uniform dignity and courtesy, and merited, as he received, 
the highest testimonials of respect from all his associates. 

In 1855, h^ ^"^'^^ elected a member of the assembly, and 
in 1858, to the senate. In 1861, he was appointed pay- 
master U. S. A,, serving until the suppression of the 
rebellion in 1865. In 1873, he was again elected to the 
assembly. 

Throughout a public career of great and unusual length, 
covering much more than the whole period of Wisconsin's 
local annals, Mr. Martin has borne an eminent and dis- 
tinguished part, and it is but faint praise to say, as the 
united testimony of all, both associates and citizens, that it 
has been one of honor, uprightness and dignity, — reflect- 
ing the highest credit not only upon himself but upon 
those so ably represented. To great natural abilities, he 
added the matured results of profound research, and a 
wide range of intellectual culture, enriched by a personal 
experience which few indeed, even among pioneers, had 
opportunity to enjoy. Although representing a part}^ he 
was never a partisan, and it is a pride to record, was ever 
more of a patriot than politician. His military services, 
although less showy, were in no sense less important than 
his civil career, even if forgotten, as is the case with so 
many others who periled health and life in defense of 
national union. At home among personal acquaintances, 
no citizen ever stood higher in public estimation, or had 
warmer friends. Ilis whole career has been above suspi- 
cion as above reproach. Old age finds him surrounded by 
universal respect and reverence for years and wisdom, — 
the benefactor of multitudes, the friend of all. That he 
may long survive to witness the maturing work in large 
part of his own genius and labors, is the earnest hope of 



HON. SAMUEL R. MC CLELLAN. 243 

all, and especially of those who have enjoyed his more 
intimate acquaintance. 

HON. SAMUEL R. MC CLELLAN. 

Sa:muel R. McClellan was born in the town of Cole- 
raine, Franklin county, Massachusetts, March 19, A. D. 
1806. Ilis father, Capt. Robert McClellan, was a son 
of Col. Hugh McClellan, a soldier of the revolution. 
His mother, Sarah Todd Duncan, was born in London- 
derry, New Hampshire, a daughter of George Duncan, 
one of the early settlers of that town. The death of his 
father before he was live years old was a (^reat blow to 
his mother, who was left with five children — three girls and 
two boys — of whom he was the elder. At the age of nine 
years he went to live with an uncle,' his father's brother, 
John McClellan, M. D., who proved a second father to 
him. 

At an early age he commenced the study of medicine 
with his uncle, and in 1826, attended medical lectures in 
Boston. He returned to Columbia countv, New York, tlie 
residence of his uncle, with whom he studied in the spring 
of 1827, and soon after was licensed to practice medicine 
by the medical society of that county. After practicing 
with his uncle a year and a half, he removed to the village 
of Claverack, seven miles from his uncle's residence, where 
he remained two years and a half. In the fall of 1830, he was 
married to Catharine Garner, orphan daughter of Mar- 
tin Garner and Cynthia Huvck Garner, of the town of 
Ghent, Columbia county. Soon after his marriage he 
went back to the village of Johnstown, the residence of his 
uncle, and practiced with him five years. In the spring of 
1836, he removed to the city of Hudson, and very soon ac- 
quired a full practice, and in the spring of 1839, ^^"'^^ compli- 
mented with an honorary degree from the Jeflferson Medi- 
cal College of Philadelphia; was president and censor of the 
medical society of Columbia county several years, and 



244 "O^- '^^'ILI-IAM MC DOWELL. 

V 

served four years as delei^ate to the medical society of the 
state of New York. After eighteen years of hard hibor 
in his profession, he felt that he was wearing out and a 
change of some kind seemed absolutelv necessary for him, 
and having a family of four sons and three daughters, he 
decided to emigrate to the west. He landed at South- 
port (now Kenosha), July 5, 1845. Here He rested a few 
weeks to recruit his health, and in the fall of the same year, 
he began to improve his farm in the town of Wheatland 
(now Randall), and moved on it the following winter. 

In the fall of 1847, he was elected from the county of 
Racine a member of the Constitutional Conv^ention which 
formed the constitution of this state. He served on the 
committee on the judiciary, and was an intelligent, hard- 
working and highly respected member of the convention. 
He early interested himself in agricultural pursuits, and 
served three years as president of the agricultural society 
of Kenosha count}^; was elected senator of the eighth 
senatorial district in the fall of 1857, and served with great 
acceptance to his people during the regular term. He 
afterward removed to the city of Kenosha and practiced 
his profession nearly nine vears, when he again retired to 
his farm, where he now resides. His post-office address 
is Wilmot, Kenosha county, Wisconsin. 

Dr. McClki.i.an is still engaged in the piactice of his 
profession, and is deemed a very skillful physician. As a 
citizen, he stands very high with his people. He is now 
(1880) in the seventy-fifth year of his age, but retains both 
his mental and ph3-sical vigor in a remarkable degree. 
His life has been a long and a busy one, that has been of 
great usefulness to the world. 

IIOX. WILLIAM IMC DOWELL. 

The father of Mr. McDowell, also named William, 
was b(jrn in the county of Cavan, Ireland, February 4, 
1762, and was married to Rachel McClintock, a native 



HOX. EZRA MULFORD. 245 

of Carlisle, Penns3-lvania, June 29, 1795. Her father held 
a captain's commission during the war of the revolution, 
in which he served on the colonial side. William Mc- 
Dowell was born in Newton, Frederick county, Vir- 
ginia, March 27, 1805; received a common school antl 
academic education, and was by profession a farmer. He 
married Ann E. Clincj.man, of Sciota county, Ohio, Jan- 
uary- 5, 1830, from whence the family removed to Wiscon- 
sin, and settled in Clarno, Green county, in June, 1842. 
He has filled various local positions of importance; was 
county treasurer, town clerk, superintendent, and, for a 
period of twenty years, clerk of school district. 

Mr. McDowell was elected to the second Constitu- 
tional Convention in 1847, and served in that body on the 
committee on general provisions, which embraced many 
of the most important articles in the constitution. He 
took part in the general debates, but was not specially 
prominent. He was a gentleman of courteous and allable 
address, retiring and modest demeanor, posses.sed of strong 
native sense, and of excellent culture, and his work was 
well and conscientious!}^ done. In 1880, Mr. McDowell, 
then seventy-six years of age, was appointed one of the 
census enumerators for the town of Clarno, Green county, 
and performed all the duties of the position on foot, visiting 
every family in his town; and he wrote up his own report 
without the use of spectacles. His work was well and 
promptl}^ done, showing that in his old age he retains both 
mentally and physically the vigor of middle age. In a 
long career of public usefulness, Mr. McDowell has 
uniformly enjo^'ed the respect and esteem of all who 
know him. He is a pure, upright and honest man. His 
post-office address is Monroe, Green county. 

HON. ]:ZRA MULFOKD. 

Ezra Mulford was a native of the state of New York, 
born in 1S04, and a physician b\- profession. He was 



246 HONS. CHAS. M. NICHOLS — JONH o'cONNOR. 

elected from Walworth county to the second Constitutional 
Convention, in 1847, and served in that body on the com- 
mittee on general provisions, but took no prominent part 
in the proceedings. He was a gentleman of pleasing 
address, good cultivation, of retiring habits, and decided 
ability. No record has reached the committee as to his 
after career. He died several years ago. 

HON. CHARLES M. NICHOLS. 

Charles M. Nichols was born in Albany, New York, 
in the vear 1800, and located on a farm in Cottage Grove, 
Dane county, about 1845. He was liberally educated. 
His general occupation was that of a teacher and mer- 
chant. He was elected a member of the second Constitu- 
tional Convention, in 1847, in the proceedings of which he 
took a useful, but in no sense prominent, part. A few 
years later, he removed to Onalaska, La Crosse county, 
following mercantile business until his death, which occurred 
about the year 1869. 

Mr. Nichols was widely known in Dane county, both 
as a farmer and merchant, and ever enjoyed the confidence 
and esteem of all who knew him. It is not known that he 
held an}' office or official position of any kind after the 
state was organized. 

HON. JOHN o'cONNOR. 

John O'Connor was born in Bedford count}", Pennsvl- 
vania, October 16, 1814. He was brought up on a farm, 
and resided in his native place till the fall of 1844, when he 
was appointed, by the canal commissioners of the state, 
superintendent of the weighing department, on the Alle- 
gheny Portage Railroad, at Hollidaysburg. He continued 
in charge of that department until the fall of 1846, when 
he resigned the otlice, and came to Wisconsin, locating at 
Shullsburg, La Fayette county. In 1847, he was elected 
as a member of the second Constitutional Convention from 



HONS. PENTONY — PRENTISS — RAMSEY. 247 

La Fayette county, and in that bod}^ discharged his duties 
in a manner highly creditable and useful. While not 
taking a distinguished part, his strong native sense, keen 
intellect, and uprightness of character, secured the esteem 
and conlidence of his associates. He died March 29, 1854. 

HON. PATRICK PENTONY. 

Patrick Pentony was elected a member of the second 
Constitutional Convention from Mequon, Washington 
county. He was born in Ireland, and at the time of taking 
his seat, was thirty-tive years of age. Of singularly modest 
and unassuming demeanor, he took no other part in the pro- 
ceedings than recording his vote upon the various proposi- 
tions upon which the body was called to pass. lie died a 
few years after the state was organized. The committee 
have been unable to obtain any details of his personal or 
family record. 

HON. THEODORE PRENTISS. 

[Mr. Prextiss was a member of both Constitutional Conventions. 
For sketch, sec page 132.] 

HON. ALEXANDER D. RAMSEY. 

Alexander Dinwiddie Ramsey was born in Ken- 
tucky, November 28, 1803. lie was related to the famous 
Dinwiddie family of Virginia. lie settled in the Upper 
Mississippi, near Dubuque, in 1825; was a soldier in the 
Black Hawk war in 1832. He has been a resident of 
Cassville, Wisconsin, for over fifty years, and has ever 
lived an exemplary life, honored and respected by all who 
knew him. He was often called to fill places of public 
honor and trust by his people. He was a member of the 
Constitutional Convention of 1847, representing Grant 
county. He was one of the quiet working members of 
that body — never making speeches: but his advice on 
measures was deemed of \alue, as coming from a man of 
intelligence and extensive experience, actuated by an intcg- 



248 HON. HARRISON REED. 

rity of purpose in all things. He died at his residence in 
Grant county, July 17, 1878, in the 75th year of his age. 

HON. HARRISON REED. 

Harrison Reed was a son of Setii and Rhoda Reed, 
born in Littlefield, Middlesex county, Massachusetts, Au- 
o-ust 26, 1813. He enjoyed the advantages of a common 
school and printing office education, and was by profession, 
generally, a printer, editor, and farmer. He settled in Mil- 
waukee in 1836, and soon after became connected with its 
first newspaper, both as a compositor and writer. He 
removed to Madison in 1841, and thence to Menasha, in 
1843, where he published a paper for some years, at a 
later date. In April, 1840, he was married to x\nn Louisa 
Turner, of Prairieville (Waukesha), daughter of Joseph 
and Mary G. Turner, former residents of Oswego, New 
York. She died in September, 1862. He married as a 
second w'lie, August 10, 1869, Chloe Merrick, of Syca- 
more, New York. 

In 1847, Mr. Reed was elected to the Constitutional 
Convention, and served in that body on the committee on 
general provisions, which embraced many of the principal 
articles under consideration. He was an active, useful 
and intelligent member, and took part in general debate on 
a variety of propositions submitted for consideration. He 
remained in the state, a part of the time connected with 
the press, until 1862, when he was appointed, by President 
Lincoln, tax commissioner for Florida. In 1865, he was 
appointed special agent of the post-oflice department for 
that state and Alabama. In May, 1868, he was elected 
governor of Florida, and occupied that position until Jan- 
uary 8, 1873. In 1878, he was elected a member of the 
assembly of Florida for two years. 

The public career of Governor Reed has been a long, 
varied, and unusual one, even in pioneer experience. He 
has passed successively through all grades of privation and 



HONS. JAS. D. REVMERT — WM. RICHARDSON'. 249 

labor; witnessed the development of the whole northwest; 
and the same might almost be said of his southern home. 
The boy type-setter in time became an editor, law-maker, 
and executive of a state. He was possessed of a versatile 
genius, guided by intelligence, a strong will, and honorable 
ambition. His success has been far beyond the average of 
men, acliieved step by step, by la\-ing hold of favorable op- 
portunities. He is still in the enjoyment of vigorous health, 
and a promising old age. His post-otllce address is Jack- 
sonville, Florida. 

HON. JAMES D. Ri:VMERT. 

James D. Reymert was born in Norwav, in 1821, and 
at the time of his election to the second Constitutional 
Convention, in 1847, from Racine coun,ty, was an editor by 
profession. He served in that body on the committee on 
genend provisions, embracing a large number of the most 
important articles engrafted into the constitution, but he 
took but small part in the proceedings. In 1849, he was 
elected a member of assembly. Subsequenth", he removed 
to the northwestern part of the state, and at a later period 
to the city of New York, where all trace of him ends. 

Mr. Reymert started the llrst Norwegian newspaper 
in the northwest, if not in America. He was a man of 
active habits, cultivated mind, strong will, and zealous in 
atTairs of business. His career for man\' ^-ears past has not 
been within reach. He is now understood to be a resident 
of the city of New York. 

HON. WILLIAM RICILVRDSOX. 

\ViLLL\M Richardson was a native of Ohio, born in 
1806, and a farmer by profession. He was elected a mem- 
ber of the second Constitutional Conx-ciuion, in 1847, from 
Jamestown, Grant county, but took no prominent part in 
the proceedings. In 1852, he was elected to the legisla- 
ture as an assemblyman, and was chosen b\' that legisla- 



250 HON. ELEAZER ROOT. 

ture commissioner of the Fox and Wisconsin Improvement 
Company. Shortly after, he removed from Grant county, 
and resided several years at Madison. The last heard of 
him, he was located in Upper Canada. He was possessed 
of strong native sense, sterling worth, and ever highly 
esteemed by all who know him. 

HON. ELEAZER ROOT. 

The father of Mr. Root was a native of Connecticut, a 
physician by profession, and a descendant of Thomas 
Root, who emigrated from England at an early period 
and settled at Northampton, Massachusetts. Eleazer 
Root was born in the town of Canaan, Columbia county, 
New York, March 6, 1802. After preliminary education, 
he entered Williams College, Massachusetts, and graduated 
in 1821. In 1824, he was admitted to the bar of the su- 
preme court of New York, and continued the practice of 
law until 1830, when ill health requiring a milder climate, 
he removed to Virginia, and remained in the south until 
» 1845. He then returned north and located at Prairieville 
(now Waukesha). 

Having been largely connected with academic and col- 
legiate education after leaving New York, and previous to 
locating in Wisconsin, Mr. Root turned his attention at 
once to the establishment of the college, now known as 
Carroll College, of which he was one of the chief promot- 
ers and founders. In 1847, he was elected a member of 
the second Constitutional Convention from the county of 
Waukesha, and served in that body on the committee on edu- 
cation and school funds. He was the author, substantially, 
of the educational article in our present state constitution, 
as well as of that providing for the founding and organiza- 
tion of the state university. He took no prominent part in 
the proceedings outside of educational allairs, but upon 
that subject his speeches were forcible and decisive. 

In 1848, by the unanimous approval of both political 



HON. ELEAZER ROOT. 25 1 

parties, he was elected superintendent of public instruction, 
to put in force the constitutional plan of his own cfeation, 
and in 1850, was re-elected by unanimous vote to the 
same position. He first organized and put into practical 
operation the common school system of Wisconsin, which 
had previous!}' been without head and in ahiiost a chaotic 
condition. lie also, as a regent, took part in the founding 
and commencement of our state university, of which he 
was ever a patron and devoted friend. He may almost be 
said to be the father of our entire educational system as it 
now exists, since his advice and public recommendations 
cover all the ground now occupied. If his achievements 
were less than his ambition to excel, it was owing to the 
adverse conditions of new settlement, a diverse and isolated 
population, and lack of public sentiment to carry out his 
plans and purposes. 

On retiring from the office of superintendent, he was 
elected a member of the assembly from Marquette county, 
to which he had removed; and also served continuously in 
the board of regents of the university until 1853, when ill 
health again forced a return to a more southern latitude. 
Having taken orders in the Protestant Episcopal Church, 
he is now, and has for a long period been, rector of Trin- 
ity Church at St. Augustine, Florida. 

JNIr. Root has been twice married. The maiden name 
of his first deceased wife was Hannah Dayton, of Hud- 
son, New York. That of the second, was Laura Jenkins, 
of the city of New York, now deceased. 

Mr. Root was a gentleman of distinguished abilities, 
highly educated, dignified in address, of earnest and honest 
purpose, to whom the educational field was, of all others, 
at the time, the one most attractive, and to whose im- 
provement his whole mind was enlisted. He filled 
the most important, if less showy, position of all our 
public men in pioneer da^'s, and the monument of use- 
fulness he erected will ever remain a chief land-mark 



252 HON. JOHN HAWKINS ROUNTREE. 

in our history — the one whose blessings will endure for 
all time. 

HON. JOHN HAWKINS ROUNTREE. 

The ancestral record of this eminent and venerable 
pioneer settler is as follows: His great-grandfather, Ran- 
dall RouNTREE, emigrated from Ireland in 1720, and 
settled in Virginia, where he resided until his death. His 
grandfather, Thomas Rountree, removed from Virginia 
to the vicinity of the Mammoth Cave, Warren county, 
Kentucky, in 1795, with his family, in which he remained 
until he died. John Rountree, his father, also settled in 
the same place, which was his residence until his decease. 
John H. Rountree was born in the same locality, March 
24, 1805. He received an education which he describes 
as " very common school " — the school house being com- 
posed of unhewn logs, with holes cut for windows, and 
the primitive lire-place for heating purposes. His principal 
occupation during life has been farming, although many 
years were devoted to lead mining and smelting. 

Maj. Rountree removed from Kentucky to Hillsboro, 
Montgomery county, Illinois, in Februar}^, 1824, where he 
was appointed a deputy sheriff', and serv^ed as such until he 
reached his twenty-first year, when he was elected sheriff", 
a position that he resigned when he emigrated to Wiscon- 
sin in 1827. May 24th of that year he reached New 
Diggings (now in La Fayette county), remaining until 
November, when he settled at Platteville, in what is now 
Grant county, where he has ever since resided, a period of 
fifty-three years. August 7, 1828, he married Mary 
Grace Mitchell, of Galena, Illinois, and the next day 
removed to his log cabin in Wisconsin. Mrs. Rountree 
died in 1837. September 3, 1839, ^^^ was again married 
to Miss LvDiA H. Southworth, of Platteville. 

The numerous public positions held by Major Roun- 
Tui-:!': are the best evidence of his hijrh standino- amonfj 
his neighbors, for a period of over half a century. In 



HON. JOHN IIA\VKIXS ROUNTREE. 253 

May, 1826, he was commissioned as major of Illinois mili- 
tia, and the same year elected sherill' of Montgomery 
county, in the same state. In 1829, he was appointed post- 
master at Platteville, and several times re-appointed: also 
the same year appointed and commissioned justice of the 
peace for Iowa county, Michigan, of which Wisconsin was 
then a part, there being then but three counties within its 
present limits. In 1832, he w\as elected captain of a com- 
pany of mounted volunteers, enlisted to serve in the Black 
Hawk war. In 1834, ^^^ "^^'^^ appointed chief justice of the 
county court of Iowa county, by the governor of Michigan, 
which position he held until the territory of Wisconsin was 
organized, in 1836. In 1837, he was appointed judge of pro- 
bate of Grant county, which was organized that year. In 
1839, he was commissioned as aid to governor, with rank 
of colonel. In 1838, he was elected a member of the ter- 
ritorial council for four years, and in 1842 was re-elected 
to the same position, for the same term. In 1847, he was 
elected a member of the Constitutional Convention, serv- 
ing in that body on the committee on general provisions, 
which embraced a large number of the most important 
articles under consideration, as well as upon several select 
committees. In 1850, he was elected to the state senate, 
and, in 185 1, appointed a regent of the state university. 
In 1853, ^^ ^^"'^^ appointed major general of militia of the 
second division of Wisconsin. In 1857, he was appointed 
postmaster of Platteville; in 1863, was elected a member 
of assembly, and, in 1866, again elected to the state sen- 
ate; thus having served in the territorial and state legisla- 
tures longer than any other citizen. 

This lengthy recital of honors and olllcial positions bears 
upon its face the highest testimonial that could be fur- 
nished of the unbounded esteem and confidence of the 
communities in which he has lived, in the sterling worth, 
integrity and ability of this veteran representative of pio- 
neer times. 



-54 



HON. HORACE T. SANDERS. 



Among early experiences in Wisconsin, it is deemed 
worthy of note that Gen. Rountree built the first lead 
smeltino- furnace within the limits of what is now Grant 
county, and celebrated his first Fourth of July, 1827, on the 
central mound of the three Platte mounds. When he 
located in the territor}-, Wisconsin had but two counties. 
Brown and Crawford, and these were a part of Michigan. 
He has been a witness of the whole growth of the north- 
west; took part in an Indian war; seen the aboriginal 
tribes disappear; the surveys that mapped about all the 
country into geographical divisions; the commencement of 
white settlement, and its advance and increase; the begin- 
ning of ever}^ existing town, city and village, except two 
or three military posts; all the mighty changes and im- 
provements, indeed, that in fifty years have converted this 
great and uncivilized wilderness of nature into a powerful 
state, with its population of a million and a half of intelli- 
gent, thrift}' and free people. Such an experience is the 
lot of but few. Gen. Rountree may well be regarded 
and venerated as a land-mark between the past and pres- 
ent, who has lived over the whole term of our local history, 
and, by personal connection, largely assisted in making it. 

HON. HORACE T. SANDERS. 

HcwRACE T. Sanders was born in Sheldon, Genesee 
count}^ New York, May i, 1820. He received a collegiate 
education, and was by profession a lawyer. In May, 1842, 
he settled at Racine, Wisconsin, and was soon after elected 
district attorney for the county, a position he held for many 
years under both the territorial and state governments. 
March 4, 1848, he was married to Eunice Wentworth. 

He was elected a member of the Constitutional Conven- 
tion in 1847, and served in that body on the committee on 
general provisions, which embraced the consideration and 
preparation of man}- of the most important articles in the 
new constitution. lie took a prominent part in the gen- 



IIOX. GEORGE SCAGEL. 255 

eral debates and proceedir.g-s of the body, and by his 
thorough legal training, education and intelligence, ren- 
dered very useful and valuable services. Mr. Sanders 
served as a member of the assembly from Racine, in 1853, 
and took a prominent part in the proceedings of that body, 
lie was chairman of tlie committee of managers in the 
trial of the impeachment of Judge Levi Hubbet.t., and 
was a leading representative of the assembly before the 
higli court of impeachment. 

In 1862, he was appointed colonel of the 19th Wisconsin 
regiment of infantry, and was assigned for service to the 
i8th army corps. Among other duties he w^as appointed 
provost judge of the city of Norfolk, Virginia, and a 
brigadier general by brevet. The fatigues and hardships 
of several campaigns in the field, with consequent expo- 
sure, proved too much for his physical constitution. lie 
died from injuries received and excessive labor, on the 6th 
of October, 1865, having lived long enough to witness the 
final triumph of the union cause. 

Mr. Sanders was a gentleman of decided abilities, 
forcible and ready in debate, highly cultivated, of wide 
and varied reading in both law and literature, ailable and 
courteous, and highly respected by all. Like so many 
others of our most eminent citizens, he vindicated his 
patriotism and love of countrv by laying down his life for 
it, having been worn out in its militarv service. His record 
and career were alike noble and honorable. 

HON. GEORGE SCAGEL. 

The grandfather of Mr. Scagel was of English de- 
scent, born October 25, 1736. His wife, Rachel Lee, 
was of Scotch descent, and was born January 30, 1733 
(O. S). His father was George Scagel, of Maine, born 
October 8, 1765, who married Sally Pierce, said to iiave 
been a relative of President Piercj^., who was born June 
2, 1767. The famil}' removed to Vermont, and were 



256 HON. .MORITZ SCHCEFFLER. 

among its earliest settlers. George Scagel, the subject 
of this sketch, was born in Waterbury, Vermont, Decem- 
ber 29, 1798. He received a common school education, 
and adopted farming as a profession. May 2, 1819, he 
married Deborah Huxkixs. The family removed to 
New Berlin, now in Waukesha county, in May, 1846. 
Previous to removing from Vermont he had filled the 
office of justice of the peace for several years, occupying 
an office with Paul Dillixgham at the time that Hon. 
Matt. H. Carpenter commenced his legal studies in the 
same office. 

Mr. Scagel was elected to the second Constitutional 
Convention in 1847, from Waukesha county, and served 
in that body as a member of the committee on general pro- 
visions, which embraced a great number of articles. He 
took only a small part in general debate, but was regarded 
as a useful member, much re;^pected by all. It is recorded 
of him, under the head of "experiences, humorous or 
otherwise," that before his nomination, the new settlers got 
together and discussed the matter, when they found that 
he was the only citizen of the town who possessed a suit 
of clothes good enough to be seen in such a body as the 
convention, and, to save some one else from the expense of 
purchasing the needful outfit, it was decided that he was 
the proper person to send as delegate! The stor}- is good 
enough to record, even if it should turn out not literally 
true. 

Mr. Scagel died at his home in New Berlin, August 
30, 1850. His wife died in June, 1877, aged eighty years. 

HOX. MORITZ SCHCEFFLER. 

MoRiTz SCHCEFFLER was born at Zweibrucken, in the 
Bavarian Palatinate of the Rhine, March 8, 1813. His 
parents' names were Conrad and Dorethea Schceffler. 
After receiving a fair education, he learned the art of 
printing, which was the foundation of his future success 



HON. MORITZ SCHCEFFLER. 257 

and eminence. After pursuing his calling with marked 
success in various places in his native country, Mr. Sciicef- 
FLER concluded to try his fortune in the new country, and 
he arrived in New York on the 8th of September, 1842. 
He spent a short time in the cities of Philadelphia, Pitts- 
burgh, Cincinnati, Louisville, St. Louis, Jefferson City, and 
other points, working at his trade, and arrived in Mil- 
waukee early in the year 1844, bringing with him the type 
for a small German printing establishment, which place 
was ever afterwards his home. On the 7th of September, 
1844, he brought out the first number of the Wisco)isiii 
Bainicr, the tirst German paper ever published in the then 
territory of Wisconsin. The new paper took strong 
ground in favor of the admission of Wisconsin into the 
Union. In 1845, Mr. Schceffler' was elected the first 
German school commissioner in Milwaukee. In Septem- 
ber, 1847, the semi-weekly Banner was established; and 
in November of that year, he was elected as a representa- 
tive of Milwaukee county in the convention to frame a 
state constitution. He was an able and active working 
member of the convention; he drafted and advocated 
many of its liberal features, among others, that relating to 
the elective franchise. He was a true American in feelinef, 
and exerted all his influence in endeavoring to induce his 
old countrymen to settle in this country. On the 12th of 
January, 1850, the Banner appeared as a daily; and, in 
1855, the editor of the Volksfreiind died, and Mr. Schcef- 
fler purchased that office and consolidated the two papers, 
under the name of Banner und J \)Ik$freu)id^ ^^■ith which 
paper he remained until the 14th of September, 1874. He 
held the office of register of deeds for one term (1850, 
185 1), and was collector of customs in 1857, under James 
Buchanan. He was a firm friend of the cause of educa- 
tion, and was one of the founders of the German-English 
x\cadcmy, now a flourishing institution. As a speaker, he 
was ready and forcible. He was a man of generous im- 
17 



25S HOXS. THEODORE SECOR — SILAS STEADMAN. 

pulses, and liberal to the need}'. He died at his residence 
in Milwaukee, of consumption, on the morning of Decem- 
ber 6, 1875, after a long and severe illness, in the sixty- 
third year of his age. He was one of the oldest and 
worthiest pioneers of the German- American press in the 
west, the Nestor of German journalism in the United States; 
honored and respected by all — Americans and Germans — 
alike. 

HON. THEODORE SECOR. 

Theodore Secor was born in the state of New York 
in 18 1 5. He settled at an early period in Mount Pleasant, 
Racine county, following farming as a profession. In 
1847, he was elected a member of the Constitutional Con- 
vention, serving upon several select committees, and per- 
forming much valuable work. He was a gentleman of 
kind impulses, and sincere and honest purposes, who in all 
positions discharged his part with scrupulous fidelity. 

Some twenty years ago, he settled in New Lisbon, and 
there served as a member of the board of supervisors, and 
in other local capacities ; and some three years ago, he re- 
moved to Spencer, in the state of Iowa, where he now 
resides. 

HON. sn.As steadman. 

Silas Steadman was a native of Massachusetts, born 
in 1784, and by profession a farmer. He was elected to 
the second Constitutional Convention in 1847, from She- 
boygan county, and served in that body on the committee 
on education and school lands. Otherwise than this, the 
part he took in the proceedings was not prominent. He 
settled at Sheboygan Falls in 1837, with his family. The 
maiden name of his wife was Elizabeth B. Boles. The 
public positions he held, other than named above, were 
sherilVof the county, post-master, and manv others of local 
importance. Like all pioneer settlers he had many rough 
experiences, and at first suffered from lack of supplies of 



IIOX. HARVEY G. TURNER. 259 

food. He was noted for sterling native sense, a stron<^ 
Avill, frankness, sincerity, and generosity, and an enthusias- 
tic patriotism. It is recorded of him tliat at one time, to 
get up a bontire as part of a fourth of July celebration, in 
the .absence of needed fuel, he set fire to one of his own 
buildings, greatly to the delight of his friends and associ- 
ates. He died several years ago. 

HON. HARVEY G. TURNER. 

His father was Joseph Turner, a native of Shaftsbury, 
Vermont; mother, Mary Grisw^oed, a descendant of the 
Griswolds of Connecticut. He was born in East Oswego, 
New York, June 7, 1822, received an academic education, 
and is by profession a lawyer. May 4, 1846, he was 
married to Emeline Griswoed Tjia^^e at Port Washing- 
ton, Wisconsin. He settled at Waukesha in 1840, entered 
the law ofiice of Finch & Lynde, Milwaukee, in 1842, 
and m 1844 was admitted to the bar, removing inunediately 
thereafter to Grafton, Washington count}', — the first law- 
yer to locate therein. He was appointed district attorney, 
and held the office for many years after by election, as also 
numerous local offices, both before and after the state was 
organized. In 1847, he was elected to the Constitutional 
Convention, from Washington county, in which body he 
served on the committee on executive, legislative and ad- 
ministrative provisions, and also upon one or two select 
committees. As he was the 3'oungest member of the 
body, of modest and retiring habit, and no disposition to 
push himself forward, the part he took in general debate 
was not prominent, but his services otherwise were in all 
respects useful. In 185 1, he was elected to the state sen- 
ate, and served for two 3-ears. Subsequenth', he removed 
to Manitowoc, where he now resides. 

Mr. Turner is a gentleman possessed of fine abilities, 
improved by culture and long suidy, and his career has 
been a credit to the legal profession, in which his life has 



260 HON. ABRAM VANDERPOOL. 

been chiefly passed. He has for many years avoided pub- 
lic life. He has ever been held in high respect and esteem 
b}' all who know him. 

HON. ABRAM VANDERPOOL. 

The father of Mr. Vanderpool was from Holland, and 
settled at Kinderhnok, Columbia county, New York. His 
mother was a native of Massachusetts. Abram Van- 
derpool was born at New Canaan, Columbia county, 
New York, April i, 1807. He received an academic edu- 
cation, and adopted the occupation of a farmer. He was 
married January 10, 1825, to Miss Christina Gifford. 
He has resided at different times in Columbia and Oswego 
counties. New York, and in Iowa and Wisconsin. He 
located at Jefferson, Wisconsin, June 11, 1838. In 1847, 
he was elected as one of the representatives from Jefferson 
county to the second Constitutional Convention, and in 
that body served on the committee on education and school 
funds. He ranked among the best working members; 
was attentive to business, practical in his ideas, sensible in 
all things; and, while he was not a speech maker, he could 
express himself fluently and to the point, on the subjects 
before the convention. He was a strong man, possessing 
sterling qualities of head and heart. 

Some time after the convention, Mr. Vanderpool re- 
moved to Waterloo, in Jeflerson county, and represented 
that district in the assembly of 1850; was chairman of the 
county board of supervisors several years; went to the 
war as captain of company E, in the 12th Wisconsin in- 
fantry, under Col. Geo. E. Bryant; was a good soldier, 
and in the service contracted a disease, from the effects of 
which he died in Fond du Lac, in September, 1874. ^^ 
was a good man in all walks of life. 

A friend writes, that when the family settled in Jefferson, 
the man that owned a cow was rich. The principal living 
consisted of corn bread, milk, maple sugar and lish. Some 



HONS. JOSEPH WARD — ALLEN WARDEX, 261 

lucky hunter would occasionally kill a wild hog or deer, 
which would be divided with the neighbors, and the rare 
treat would be relished by all. 

HON. JOSEPH WARD. 

Joseph Ward was born in the state of New York in. 
1804, and was by occupation a merchant. He was elected, 
in 1847, to the second Constitutional Convention from 
Dodgeville, Iowa county, and served in that body on the 
committee on schedule and other miscellaneous provisions. 
He was a very prominent and widely known citizen 
throughout the territory and state, a gentleman of excel- 
lent judgment, clear perceptions, fine culture, and greatly 
respected by associates. He married a daughter of Gov. 
Henry Dodge. Of his subsequent, personal career, other 
than that he was long engaged as a merchant in Mil- 
waukee, from wh.ence* he removed to California, the com- 
mittee are without information. He died many years ago. 

HON. ALLEN WARDEN. 

Allen Warden was born in Auburn, Ca3-uga county, 
New York. When elected to the second Constitutional 
Convention, he was only twenty-six years of age. He 
settled in Wiota, La Fayette county, in June, 1842, having 
previously received an academic education; general oc- 
cupation, merchant, miller and farmer; was married 
June 14, 1846, to LuciNDA Miller, and resided from 1842 
to 1875, t^itker at Wiota, Darlington or Beloit. He de- 
scended from revolutionary stock, his grandfather having 
been a soldier under Gen. Ethan Allen, and continued 
in the service from the commencement to the close of the 
war for American independence. 

During an active and somewhat prominent career in both 
territory and state, Mr. Warden filled many public posi- 
tions, among which were those of post-master, count v 
commissioner of La Fayette county, presidential elector 



262 HON. WILLIAM A. WHEELER. 

for second term of Mr. Li>:coln, and first term of Gen. 
Grant. His opponent for the position of member of the 
Constitutional Convention was W. S. Hamilton, a son of 
Alexander Hamilton, a distinguished leader in the rev- 
olution and the period succeeding the formation of the 
federal union. 

Tn the convention, Mr. Warden served on the com- 
mittee on education and school funds. He took rather a 
passive than active part in the proceedings of the body, 
owing doubtless to his youth at the time; but his name is 
found recorded on all the propositions that came up for 
consideration as well as the articles finally adopted, and 
show close attention and keen appreciation of everything 
connected with the very important work in hand. 

The present residence and post-ofiice address of Mr. 
Warden is Lamar, Barton county, Missouri. 

HON. WILLIAM A. WHEELER. 

The ancestr}' of Mr. Wheeler was English on the side 
of his grandfather, while his mother was of French extrac- 
tion. The family settled in New England at an early date. 
He was born in Fairfield county, Connecticut, October 3, 
1814, and after receiving a good common and select school 
education, became b}' trade and profession a mill-wright, 
machinist and engineer. September 18, 1836, he married 
Caroline P. Luce. In September, 1837, he removed to 
Madison, Wisconsin, where he has ever since resided, or 
in the towns adjacent. He was elected the first assessor 
in Dane county in 1839, ^^^ subsequently a county com- 
missioner. In 1847, he was elected a member of the ter- 
ritorial legislature, and the same year to the second 
Constitutional Convention, in which he served on several 
select committees, and his labors were in all senses useful 
and honorable, although not specially prominent. In 1854, 
he was elected county treasurer. After filling numerous 
local offices, he was, in 1863, commissioned by President 



HON. ]:in\.\Ki) V. M'liiTOX. 263 

Lincoln as captain and conimissary sergeant, and served 
in the commissary department of the army until the close 
of the war, being stationed at Cumberland Gap when Gen. 
LiiE surrendered. August 9, 1865, he was brevetted by 
President Johnson as major. 

Mr. Wheeler, it mav almost be said, was the builder, 
if not originator, of nearly all the lirst grist and saw mills 
in Dane county. His mark was put indelibly upon our 
streams; and the steam machinery that propelled the mills, 
as well as the first power press in our printing offices, was 
put together by him, without ever ha\ing prex'iouslv seen 
one. He is a gentleman of fine culture, of large inventi\'e 
and mechanical genius, and in all respects highly gifted, 
and his career has been one of greatest public usefulness 
from the beginning. For a period o'f over forty years he 
has enjoyed the highest respect of all classes of citizens, 
of which he was emincnth' worthy and deserving. 

HON. EDWARD V. WHITON. 

Among all the public men whose lives have ennobled 
and honored the annals of Wisconsin, no one has ever held 
a higher position in public estimation, if indeed any rank 
as the peer of Mr. Whiton. He was one of the ablest 
of its public men, and ever retained tliis precedence among 
the leading minds of his time, undisputed and unquestioned. 

Edward V. Whiton was the son of Jos]:i'ii Whiton, 
a soldier of the revolution and of the war of 1S12, and 
was born in Lee, Massachusetts, in 1805; and, after a 
thorough preliminary education, made the study of the 
law his profession, the practice of which he commenced at 
Janesville, Wisconsin, in 1837, at about the beginning of 
our territorial government. In 1838, he was elected to the 
lower house of the legislature, and re-elected to the same 
position in 1839-40, 1841. In 1842, he was elected a mem- 
ber of the council, in which he served until 1846. He was 
then elected a member of the Constitutional Convention, 



264 HON. EDWARD V. WHITON. 

where his name appears second upon the judiciary com- 
mittee, Chief Justice Dunn being chairman. His labors 
in this body were in the highest degree important, and 
won respect and admiration not only from his associates, 
but from the whole population of the territory; so much 
so, that in his after career party politics were pretty much 
ignored, and had little effect upon his fortunes as a judi- 
cial officer. He was, at the first election under the new 
constitution, elected circuit judge of the district in which 
he resided, which, under its provisions for the first five 
years, placed him on the supreme bench, where for a sea- 
son he presided as chief justice. Upon the organization of 
the separate supreme court, under the law of 1852, he 
was elected chief justice by popular vote, and in 1857 
again elected — holding the position to the date of his 
death, April 12, 1859, in his fifty-fourth year. 

It is impossible in a brief sketch to do anything like jus- 
tice to one whose whole career was so strikingly marked 
by every characteristic of true greatness. He was pro- 
foundlv educated, not only in law, but in the minutest details 
of the history of his country. Possessing a memor}^ of 
unfailing tenacity, the vast stores of learning he had accu- 
mulated were ever at instant command, arranged in logical 
order, available to illustrate any mooted point, either in law 
or political science; and his decisions upon the bench, going 
far beyond the mere letter, looked at all surroundings, fore- 
casted the future effect upon society, which was carefully 
analyzed and thoughtfully considered, and made justice 
and good order the end, rather than blind obedience to 
precedent and technicality. He was in its highest sense, 
not only a great, but a good man, equally adorning both 
public and private life, and far above the commonplace 
practices, deceptions and follies of many who have gained 
a much wider notoriety with far less mental and 
philosophical ability. The record of his career is indel- 
ibly graven on the annals of the state. In 1847, he 



HON. EDWARD V. WIIITON. 265 

married Amorette Dimock, of Jancsville, who still sur- 
vives. 

At the opening of the supreme court on the nth of May, 
1859, Hon. Samuel Crawford, who had previously been 
a member of that court, and an associate with Chief Justice 
Whiton, spoke as follows : 

"May it please your honors, during the present term of this court, a 
sad calamity to the people of this state has occurred. And it behooves 
me, however sorrowfully, to annoimce it before this tribunal. Actuated 
by the strongest emotions of friendship, and the highest feelings of 
regard for him of whom I am about to speak, I have the mournful duty 
to announce the death of Edward Vernon Wiiiton, the late chief 
justice of this state. During the present term of this court, while en- 
gaged in the active duties of his office as chief magistrate here, the dis- 
pensation of Providence called him from us, and the hand of death 
deprived our state of one of the most upright and honest of her public 
officers. May it please your honors, I speak of him with whom I have 
been officially connected, whose motives and actions have been to me 
familiar; and while the sorrow for his loss afflicts me, yet the remem- 
brance of his virtues affords to me, as it must do to all who knew him, 
a degree of consolation that the memory of a righteous and honest man 
dwells in the recollections and esteem of those who survive him. 

"While discharging judicial functions, associated with him and one of 
your honors, I had abundant opportunity to appreciate the learning and 
integrity of our late chief justice, and if the judicial ermine and gown 
in Wisconsin shall drop from other shoulders hereafter as pure and un- 
sullied as from his, we shall have no cause to feel ashamed. He now 
rests calmly in an honored grave, with a reputation for ability, honesty 
of purpose, and gentlemanly courtesy, that many of us might profitably 
emulate. 

" The place that once knew him shall now know him no more, but 
the remembrance of an upright and righteous man endureth forever." 

The preamble and resolutions adopted at a meeting of 
the bar of the supreme court were then presented and read. 

Mr. Justice Smith, on behalf of the court, spoke as 
follows : 

"The court have heard the announcement of the committee, and the 
resolutions of the bar, with the deepest sensibility. One who has lono- 
been a chief among us has finished his work and left us to be guided by 
his counsels no more. He has fallen in the midst of his career, mourned, 



266 IIOX. EDWARD V. WIIITOX. 

as he was loved, bv the -whole people of the state; and not of this state 
only, butbv all those who love virtue and its faithful practice. 

" But upon the remaining members of this court, this dispensation of 
an all-wise Providence has fallen with peculiar force and severity. Our 
official relations had been so long, so kind, harmonious and fraternal, 
that, through his mild guidance, the severest tasks of duty b.^came almost 
labors of love. 

"The late chief justice had been identified in one capacity or another 
with the history and progress of this territory and state. At the first 
organization of the territory he was called into her councils, and, with 
slight intermission, had devoteJ his talents and energies to the public 
good. He exercised a large share of influence in iVaming the funda- 
mental law of this state, and very soon after was called to the bench, 
which he continued to adorn vmtil the time of his decease. 

" His main idea seemed to be, to inaugurate, establish and administer 
a mild government, the basis of which should be equal and exact justice 
to all persons, and its powers so arranged that the people should be in- 
structed to become the operative element in every department of its 
administration. In the midst of his usefulness in the accomplishment of 
such, his beneficent designs, in the very midst of his labors for the public 
good, he has fallen, but fallen nobly, with honors clustering around him, 
the reward of high moral, intellectual, patriotic and peaceful achieve- 
ments. 

" A great and good man has left us to mourn his loss, a loss irreparable 
to the state, and well may the people mourn, tor the ^oice of their best 
friend is hushed in death. Let us try to bow with humble submission to 
the Divine will, and say, in our hearts, 

' God of the just! Thou gav'st the bitter cup. 
We bow to Thy behest and drink it up.' " 

It is the order of the court that the foregoing remarks, proceedings 
and resolutions be entered upon their records. 

At a meeting of the Milwaukee bar, held April 14, 1859, 
Hon. Jonathan E. Arnold pronounced an eloquent 
euiog}', and referred to the leading points in the life of 
Judge WiiiTON, as follows: 

" It is not exaggeration to say, that Judge Wiiiton is identified with 
the iiislory and growth of Wisconsin. It is probable that my jiersonal 
acquaintance with him is older than that of any gentleman here present, 
cxtendmg back as it does, to a period of over twenty years. 

" At an early period my business required me to go occasionally by the 
•way of Jancsvillo, tiien containing a single cabin, to the western portion 
ol tiie territory. On such occasions, I usually sojourned over ni^-ht at 



HON. EDWARD V. WIIITOX. 267 

the house of the venerable Judge Holmes, just below Jan?sville, at what 
was then called Rockport. At that time there was an active contest be- 
tween Rockport and Janesville, as to which should he the county seat oi" 
Rock county. There I learned that a man by the name of Wiiitox, a 
secluded old bachelor, living somewhat like a hermit, in a cabin on the 
prairie, was the strong man in the interest of Janesville. 

"Soon afterwards Judge Wiiiton was elected a member of the house 
of representatives for the first session of the legislative assembly at Mad- 
ison. It was there that I first formed his acquaintance. At the next 
subsequent session he was elected speaker of the iiouse. During those 
sessions he was a frequent participant in debate, and took an acti\e part 
in enacting the first territorial code. Up to that time our laws con- 
sisted of the territorial statutes of Michigan, and the laws of our own 
legislature passed at the sessions at Belmont and Bin-lington. 

" The revised statutes were published under his supervision, and took 
effect on the 4th day of July, 1839. 

" During the long session of 1S40-41 I was a member of the council, 
and was a room-mate of the deceased. Then' I had an opportunity to 
know the man, and the high impression I had formed of him was tully 
confirmed. I then saw the clearness oi' his intellect, the kindness of his 
heart, and the simplicity of his character. I saw something, too, of that 
peculiar element of his life which Avas not misanthropy, but a tinge of 
melancholy and disappointment, and learned something of its causes. 
All that I saw and knew of him, but served to lead me more highly to 
appreciate his abilities and his unblemished character. 

" In 1847, he was a member of the Constitutional Convention which 
framed the constitution of this state. On the organization of the state 
government in 1S49, he was elected a circuit judge, and imder the then 
system, became a judge of the supreme court. He occupied this posi- 
tion until 1S53, when the " separate supreme court " was established, 
when he was elected chief justice, and re-elected in 1S57, and continued 
to hold the ofiice until he was compelled to leave it, on account of the 
disease of which he has since died. 

" This is a brief epitome of the life and public services of Judge 
Wiiitox. Were I to name any one sphere of action in his life in which 
he was mosi eminently disting-.ished, and for which he had a peculiar 
adaptation, I should say that it was a legislator. His varied intbrmation, 
strict integrity, eminent conservatism and finely balanced mind, all com- 
bined to make hhn a ready debater, and a high minded and patriotic 
legislator. But it is useless to name any one sphere, when he has filled 
so ably all the positions which he has ever occupied. Such was Judge 
Wiiitox as a private citizen and public officer, and his death is to be 
mourned, not onl\- as a subject for jM-ivate grief, but also as a public 
calamity." 



268 HON. EDWARD V. WHITON. 

Judge A. D. Smith, who had been associated with 
Judge Whiton for many years on the bench, said: 

"During the last six years Judge Whiton has been to me, as it were, 
an elder brother. Our relations have been so harmonious, so kind, so 
uniformly genial, so entirely fraternal, that we have scarcely thought of 
official relation, because that has been lost in a common purpose to dis- 
charge a common duty dependent upon our personal and common 
responsibilities. 

"Of the late chief justice I can hardly trust my voice or myself to say 
more. Yet I must say that the last six years of constant companionship 
with him have been the happiest of my life. Our relations have been, 
of course, of the most confidential character ; laborious, but yet the most 
pleasant. During our long association, in deliberation upon matters of 
the gravest concernment, while discussion has been most free and unre- 
strained, there has never an unkind word, nay, not even a petulant ex- 
pression been uttered; but all along his official career he preserved on 
the bench, and in the consultation room, a strictness of propriety which 
can scarcely be equaled, a conscientiousness which never wavered, a 
depth. of thought and comprehensiveness of the subject-matter ever pres- 
ent, commanding without force, controlling without intrusion, clear and 
unassuming in his high office, great where he least thought of greatness, 
but great only wherein man can be truly great — because /^e tvas wise 
and good. 

" Mr. President, I must be excused. I can say no more. Our friend- 
ship was such as is seldom vouchsafed to man. I thank God that it has 
been vouchsafed to me. This is not the time or occasion to pronounce 
his eulogy — the wound occasioned by his departure is too fresh to be 
freely touched. While merit will command its tribute, grief may for the 
time claim its prerogative of silence." 

Judge HuBBELL said that he " came to mourn, not to speak of the de- 
ceased; but having, like his learned friend who had preceded him, had 
the good fortune to be associated, officially, with Judge Whiton, he 
should do injustice to his own feelings if he did not express his concur- 
rence with the remarks of Judge Smith. Judge Whiton was a man 
who always commanded respect. He had an admirably balanced mind, 
and if not supereminently strong, yet there was such an equilibrium about 
it that on all subjects he would command an influence which few men 
ever attain." 

Judge Miller " first met Judge Whiton in 1S3S, when a member of 
the territorial legislature. Of all the men there, he was the one whom 
the stranger would be most likely to select as worthy of confidence. He 
had met him in various relations, and had always been impressed with 



HON. EDWARD V. \\'IIITOX. 269 

the purity and conscientiousness of the man. The last time he met him 
was in Madison, last July. He seemed conscious of a failing constitu- 
tion, and did not apparently possess his usual vigor. But he has gone, 
and all we can do is to express our grief at his loss. He hoped that the 
bar of the state would designate some one of its members to prepare a 
suitable eulogy upon the deceased." 

Judge McArtiiur said, "that one of the most gratifying circum- 
stances which so sad an event would furnish, was the large number of 
those present who were able to speak from personal knowledge of the 
virtues and endowments of the deceased. It was the custom of the 
ruder nations, in our earlier history, upon the death of one of their noted 
champions, to throw a stone upon the place of his repose, as a token of 
their aftection. The progress of civilization had suggested to us a more 
appropriate method of testifying our regard for the deceased. 

" He trusted that the solemn event would prompt us all so to live that 
when we meet with the final catastrophe of nature there might those 
remain after us who would celebrate our worth and our virtues." 

S. Park Coox "did not feel that he could add anything to what had 
already been so well said. Judge Wiiiton was a genial gentleman, a 
true friend, a sound lawyer, an upright judge and an honest man. While 
he to-day was rejoicing in his great gain, the people of Wisconsin would 
hear of his decease with tears of regret. No grave will grow greener 
than that of Edward V. Whiton." 

E. G. Ryan said, "it was always unsafe to praise the living. It was 
only when death had sealed life that we could speak with confidence. 
But he could say, without fear of contradiction, that Judge Whiton's 
whole life was one long trail of honorable memories. He had died with- 
out a touch of decay, with his professional harness about him, and he 
believed he had died a happy death. Whore the man can be found, in 
the possibility of the succession, who can make his place good, he could 
not tell." 



BIOGRAPHICAL SKETCHES, 



OFl'ICEKS, ClLVrLAlXS AM) KKI'OltTKItS. 



CONVENTIONS OF 1846 AND 1847-48. 



BIOGRAPHICAL SKETCHES. 

OFFICERS, CHAPLAINS AND REPORTERS. 



PRESIDENTS OF THE CONVENTIONS. 

HON. D. A. J. UPIIAM. 

D. A. J. Upham was an early settler in Milwaukee, and 
held a prominent position in that city till the time of his 
death, which occurred on the 19th day of July, 1877. He 
was president of the first Constitutional Convention in 1846, 
and being a member of that body, a brief sketch of his 
life and career will be found on page 176 of this volume. 

HON. MORGAN L. MARTIN. 

Morgan L. Martin was one of the earliest settlers of 
Wisconsin; represented its territory in the legislature when 
it was a part of Michigan; has been prominently associated 
with its alTairs during its whole history. He was presi- 
dent of the second Constitutional Convention in 1847-8, 
and being a member of that body, a sketch of his life and 
career will be found on page 241 of this volume. He still 
resides at Green Bay; and although in the seventy-sixth 
year of his age, is in the enjoyment of a good degree of 
health, and takes a livelv interest in evervthing calculated 
to improve the state of Wisconsin. His name is intimately 
connected with its history from its first settlement. 
18 



274 -^^^ FAYETTE KELLOGG. 



SECRETARIES OF THE CONVENTIONS. 

LA FAYETTE KELLOGG. 

La Fayette Kellogg was the son of Rowland and 
Sarah (Titus) Kellogg, and was born in EHzabethtown, 
Essex county, New York, February i, 1819, and received 
a good education at the same place. In 1838, he came to the 
west, and first located at Mineral Point, where he spent one 
year, when, in 1839, he made his home in Madison. He 
held several town and county offices, and in August, 1840, 
was appointed clerk of the supreme court of the territory, 
a position he held until the organization of state govern- 
ment in 1848. His health had become so impaired that he 
was obliged to give up all business for a few years. In 
185 1, he again took charge of the office of clerk of the 
supreme court as a deputy, and discharged the duties of 
the same till the organization of the separate supreme court 
in June, 1853, when he was appointed as its clerk, and held 
the office continuously till his death, which occurred on the 
4th day of June, 1878, in the sixtieth year of his age. 

In 1845, Mr. Kellogg was elected chief clerk of the 
territorial house of representatives, and continued to serve 
in the same capacity by re-elections, at every subsequent 
session of the legislature, till the close of territorial gov- 
ernment. He was elected clerk of the Constitutional 
Convention of 1846. 

It will thus be seen that almost the entire business life 
of Mr. Kellogg has been devoted to positions of respon- 
sibility of a clerical character; and it ma}'- be justly stated, 
that no man was better suited to the discharge of such 
duties. He was a finished penman, and perfect order and 
neatness in all things was a part of his nature. His rec- 



HON. THOMAS MORRIS M HUGH. 275 

ords were always models of accuracy and neatness. A 
blot was torture to him; so also was the slightest confusion 
in the arrangement of his papers. Everything with him 
was done in order and on time. The quiet of the clerk's 
room was his delight; and it may be properly said that he 
was a natural born clerk. 

Mr. Kellogg was twice married. His second wife sur- 
vives him. A son succeeds him in the ollice of clerk of 
the supreme court. 

IIOX. THOMAS MORRIS m'hUGH. 

The grandfather of Mr. McHugh was Lieut. Stephen 
McIiuGH, of the English arm}^ who died in 1835. His 
maternal grandfather was the Hon. Berry Norris, who 
died on his estate in Leitrim countv, Ireland, in 1842. Ilis 
father was the Rev. Stephen McHu<;h, one of the first 
among Episcopal clergymen who settled in Wisconsin. 
His mother's maiden name was Elizabeth Norris. She 
died at Delavan, Wisconsin, in 1846. He died in Camden, 
Arkansas, in September, 1857. 

Mr. McHuGii was born in Mohill, Leitrim county, Ire- 
land, November 22, 1822. After receiving an academic 
education, he chose law as a profession, and commenced 
the study in Utica, New York. The family located in 
Delavan, Walworth county, Wisconsin, in 1844. He was 
admitted to the bar in Elkhorn, January 18, 1849, and subse- 
quenlK' adniiued to practice in the supreme court. He 
served as secretary of the territorial council during three ses- 
sions, commencing in 1847. The same year he was elected 
secretary of the Constitutional Convention, and discharged 
the duties of the office in a manner highU- acceptable to 
that body. In 1848, he was elected tlie Ih-st secretar}^ of 
state of Wisconsin, and held that position from June 5 
to December 31, 1849. He was the first to organize, the 
office, to open the various accounts and books, to arrange 
the school land department for active service, and to make 



276 HON. THOMAS MORRIS m'hUGH. 

the first report of plan and proceedings under the laws 
governing the same. He filled for a season the position of 
deputy United States attorney general, and was chief clerk 
of the assembly during the years 1853 ^"^ iS54- 

Failing health then compelled a withdrawal from public 
life, and the same year he visited the seaside in the hope 
of securing relief from salt water bathing. The next year 
he went to Florida, but his disease was too deeply seated 
for cure. He died at Palatka, March 19, 1856. He was 
never married. 

The chief characteristics of Mr. McHugh were a tireless 
activity, a versatile and winning address, a clear head, and 
a warm heart. His career was in all respects a prominent 
one. He rose rapidly to public distinction, maintained his 
position with credit and honor, and retired from the same 
only when bodily infirmity prevented further labors. He 
was singularly modest and retiring in disposition, genial in 
address, generous to a fault, and, outside of political strife, 
his friends were as numerous as his acquaintances. His 
early death was widely lamented. 



JOHN STARKWEATHER. 277 



SERGEANT-AT-ARMS OF CONVENTIONS. 

JOHN STARKWEATHER. 

John Starkweather was born in Putney, Vermont, 
September i8, 1816. In 1825, he removed to St. Law- 
rence county. New York. He was an early pioneer to 
Wisconsin, arriving at Milwaukee September 18, 1836. In 
company with the late Hon. George Hyer, Mr. Stark- 
weather carried, on foot, the first mail from Milwaukee 
to Aztalan, under the direction of Solomon Juneau, then 
postmaster at Milwaukee. It took four and a half days 
to perform the journey. In 1837, he contracted for carry- 
ing the mail between Milwaukee and Aztalan, for the term 
of two years. He lost seven horses on the first trip. Gen. 
Simeon Mills, of Madison, had the contract for carrying 
the mail between Madison and Milwaukee, and for a time 
carried it hmself from Madison to Aztalan, to connect with 
Mr. Starkweather, who was employed by Gen. Mills 
to carry between Aztalan and Milwaukee. For two years, 
the headquarters of Mr. Starkweatiii:r was at Milwau- 
kee, but failing health induced him to locate at Aztalan. 
He states tliat while a mail carrier he was obliged to 
change the mail, post the letters most of the time, or 
send for a neif^hbor to come who could do it. On one 
occasion, he was charged with carrying through, a bag of 
gold, containing $2,000, which was for the commissioners 
that were building the capitol at Madison. He fell into 
Rock river, and in his struggles to get out, became very 
tired, and leaned against a log to rest. Here he fell asleep, 
and on waking, started away, leaving his bag of gold, and 
traveled about two miles before he missed it. He turned 
back, and after walking about one mile, met a stranger 



278 JOHN STARKWEATHER. 

making violent efforts to overtake him. . This stranger 
had found the bag of gold, and knowing it must belong to 
the mail carrier, was doing his best to get it to him, and 
was afraid he might take a wrong trail. The name of this 
stranger was E, G. Darling, of Jefferson, who has since 
been well known as an early pioneer and estimable citizen. 

Mr. Starkweather has been an extensive bridge 
builder, during a period of forty-two years. He aided 
Captain Joseph Keyes in the erection of his first mill in 
Wisconsin, located at Lake Mills. 

Mr. Starkweather aided in laying out state roads 
from Milwaukee to Green Bay and from Milwaukee to 
Fort Winnebago. 

Mr. Starkweather was sergeant-at-arms of the first 
Constitutional Convention, in 1846. And he writes, that 
" he was very proud of this position; that Wisconsin never 
elected a more honorable, honest and unselfish body of men 
to represent its interests, than was elected to that conven- 
tion ; they were the fathers of Wisconsin." 

During the late rebellion, Mr. Starkweather was a 
government carpenter for about two years, and performed 
a large amount of work. He says he never wanted office, 
and always despised an office-seeker; has worked early 
and late for his party friends, considering his politics his 
religion ; has tried hard to indorse his friends and punish 
his enemies; but he is now satisfied to remain quiet. 

Mr. Starkweather settled in Madison in 185 1, which 
place has been his residence ever since — with the excep- 
tion of a year or two at Green Bay, till 1879, '^vhen he 
removed to Milwaukee. He w^as married December 3, 
1847, to Miss Marion A. Bird, eldest daughter of Hon. 
A. A. Bird, late of Madison. They have seven children — 
three sons and four daughters. 



EDGAR R. HUGUNIN. 279 

EDGAR R. HUGUNIN. 

Edgar R. Hugunin is the son of Peter D. Hugunix, 
and was born in Oswego, New York. His occupation 
was shipping, till 1836, when he settled in the town of 
Somers, Racine county, Wisconsin, and engaged in farm- 
ing. In 1837, he was commissioned by Gov. Dodge as 
sheriif, and served in that capacity till the fall of 1841. 
In 1844, he was elected sherill', and held the office two 
terms; was chairman of the board of supervisors of 
Somers four years; and was county commissioner six 
years. He served as sergeant-at-arms in the territorial 
house in 1847; in the Constitutional Convention of 1847-8; 
and in the assembly in 1850. He was married March 4, 
1847, to Martha W. Hatch, of Coklbrook, Maine. In 
1850, he went to California, and returned in 1853, and 
engaged in the stone, brick and lime business in Chicago, 
where he remained until 1871, when he located in Kenosha, 
where he still resides. 



28o REV. CHARLES LORD. 



CHAPLAINS OF THE CONVENTIONS. 

REV. CHARLES LORD. 

Rev. Charles Lord was a son of Rev. Henry and 
Fidelia (Graves) Lord, and was born in Williamsburg, 
Hampshire county, Massachusetts, January 27, 1816. He 
graduated at Amherst College in 1838; at Andover Theo- 
logical Seminary in 1842; was ordained at Boonville, 
Missouri, in October, 1842; he was located by the mission- 
ary board at Independence, Missouri, where he remained 
till 1846, when he was placed in charge of the Congrega- 
tional church at Madison, Wisconsifi. At this place he 
remained till 1854, when his eyesight so failed him, that he 
was compelled to resign his charge, and for a time retire 
from his ministerial labors. During his ministry in Madi- 
son he was a very popular man. He bore his part in his 
chosen field with great fidelity, and with his excellent wife, 
did much to give caste to the early society of the place. 

During his ministry in Madison, Mr. Lord served as 
chaplain of the second Constitutional Convention, in 1847-8, 
and of several sessions of the legislature, both territorial 
and state. 

In 1856, he was installed pastor over the Second Congre- 
gational Church in Whatele}', Massachusetts, where he 
remained about four years. In i860, he was located at 
Buckland, Massachusetts. 

August 30, 1843, Mr. Lord was married to Miss Cla- 
rissa Lois Wright, of East Hampton, Massachusetts; and 
three children — two daughters and one son — were born 
to them. 

Mr. Lord died at the residence of his daughter, Mrs. 
RoBiiRT B. Hall, in Brooklyn, New York, March 28, 
1872, in the fift3'-seventh year of his age. 



REV. STEPHEN m'hUGH. 281 

Mr. Lord was a man greatly beloved by the people 
where he labored. He was not an eloquent preacher, but 
he possessed practical sense; his sermons were plain and 
pointed, giving evidence that they were the result of honest 
convictions. He was kind, affectionate, and full of sym- 
pathy for those in distress, and ever ready to administer 
consolation to the afflicted. He was a faithful minister of 
the Gospel, and was a good man in the truest sense of the 
term. 

REV. STEPHEN INLHUGH. 

The parents of Mr. McHugh were Stephen and Lit- 
TiA McHuGH. His father was first lieutenant in the Lei- 
trim Guards. He died at Albany, New York, in 1835, 
and his wife died in Troy, in 1846. They had four children, 
of whom the subject of this sketch was the eldest. 

Rev. Stephen McHugh was born in Mohill, Leitrim 
county, Ireland, May 2, 1798. He had excellent educa- 
tional advantages, and graduated at Trinity College, Dub- 
lin. He was married, in 18 19, at Mohill, Ireland, to Miss 
Bessie Norris; he was married a second time, in 1849, to 
Miss Gary, of Racine. 

After coming to this country, and before his settlement 
in Wisconsin, Mr. McHugh had been the rector of Grace 
Church, in Utica, New York ; St. Peter's, Holland Patten, 
and had resided at Westmoreland, Oneida county, New 
York. He came to Wisconsin in 1844, and settled at Del- 
avan, in Walworth county, and located at Madison, in 
1846, as the rector of Grace Church in that city. During 
his ministry in Madison, the two lots on which the church 
now stands were purchased. He resigned in 1847. While 
in ISIadison, Mr. McHugh served as chaplain to the terri- 
torial council of 1846, and to the first Constitutional Con- 
vention of the same 3'ear. He was a man of high culture, 
a devoted churchman, and a man highl}- esteemed for his 
many excellent qualities of head and heart. Before com- 



282 REV. E. S. MINER. 

ing west, INIr. McHugh received a call from one of the 
wealthiest churches in Albany, which he declined from 
purely Christian motives, feeling that he could do more 
good in aiding to build up churches in the west, then a 
newly settled country, and in need of missionary labor. 
While in Wisconsin, he organized five parishes, built two 
churches, and performed much other work for the benefit 
of the denomination in which he was so thoroughly and 
sincerely interested. 

In 185 1, Mr. McHuGH removed to Arkansas, where he 
established two churches — one at Camden, the other at 
El Dorado. He purchased a large farm near Camden, 
where he resided until his death, which occurred in 1858. 
He was very popular in Camden, and had a large number 
of friends in that place. Members of his church there, 
wrote to his children, still residing in Wisconsin, "that 
there never was a clergyman more beloved than he was, 
in the south." A friend writes: "He always kept an 
appointment, no matter what the weather was; he never 
betrayed confidence; always visited the sick and dying, 
never minding what was the time or the season; never owed 
any one; practiced hospitality almost to its abuse; every 
one and any one was welcome. I think he endeavored, in 
all ways and at all times, to live a good Christian life, and 
to do his full duty." His son, Hon. Thomas McHugh, 
was the first secretary of state in Wisconsin. His eldest 
daughter is the wife of Beriah Brown, now of Wash- 
ington territory, formerly a prominent editor in Wisconsin ; 
another daughter was the wife of the late H. D. B. Cut- 
ler, Esq., of this city, and still resides in Madison. 

REV. S. E. MINER. 

Rev. S. E. Miner was located at Madison as a mission- 
ary in 1844, and for some two years was the pastor of the 
Congregational church in that place. It was during his 
ministrations that the first church buildin<r in Madison was 



REVS. JOHN PENMAN — H. W. READ. 283 

erected, and the people were largely incjebted to his indi- 
vidual efforts for this church edifice. The building still 
stands on Webster street, and is owned and occupied by 
the German Presbyterian church, as their place of worship. 
Mr. Miner, through some trouble with his throat, render- 
ing it impossible for him to preach, resigned his pastorate 
in Madison, in 1847, settled in Green county, and engaged 
in the lumber trade. He is now understood to be in 
business at some point in the state of Kansas. 

Rev. Mr. Miner served as one of the chaplains in the 
Constitutional Convention of 1846. He was a man of fair 
ability, and was popular as a minister of the gospel. He 
was energetic and efficient while in the ministry, in build- 
ing up the church to which he belonged. He was among 
the pioneers of the Christian work in« the west, and served 
well in his mission for good. 

REV. JOHN PENMAN. 

Rev. John Penman was located in Madison, in 1847, as 
pastor of the Methodist Episcopal church, and acted as 
one of the chaplains in the second Constitutional Conven- 
tion of 1847-8. He was a man of ability, and was active 
in building up the interests of the church in which he was 
a devoted minister. Soon after he left Madison, Mr. Pen- 
man is understood to have removed to the far west, since 
which time, the committee have received no record of him; 
and cannot state with certainty, whether he is still living 
or not. He was a man of popular manners, and generally 
beloved by the people with whom he labored. 

REV. H. W. READ. 

Of Rev. H. W. Read's early life, nothing has been re- 
ceived. He was educated at the Madison University, 
located at Hamilton, Madison county, New York, and 
roon after he graduated, came to Madison, in 1847, and 
was the lirst pastor of the Baptist church in that place. 



284 



REV. H. \V. READ. 



He served as a chaplain in the second Constitutional Con- 
vention, and in one or two sessions of the legislature. 
Soon after the gold discoveries in California, Mr. Read, 
with his wife, crossed the plains in their own carriage. 
Most of the time since, he has resided in California and 
New Mexico. He visited Wisconsin some ten or twelve 
vears ago. Nothing particular in regard to his history is 
known. 

Mr. Read was a man of decided ability, and a graceful 
speaker. In social life, he was very entertaining and pleas- 
ant. He was well calculated to aid in building up a new 
country, being energetic, affable and kind hearted. He 
was a popular man with the people. His present residence 
is not known to the writer, but it is presumed to be at 
some point on the Pacific slope. 



JEROME RIPLEY BRIGIIAM, ESQ. 28 = 



REPORTERS — CONVENTION OF 1846. 

JEROME RIPEEY BRIGHAM, ESQ. 

David Brigiiam was one of the early settlers of Madi- 
son, locatinir there in 1839. He died a few years after- 
wards. He was a brother of Hon. Ebexezer Brigiiam, 
the first white setUer in Dane county. David Brigiiam 
married Elizabeth F. Ripley, in Massachusetts, a sister 
of George Ripley, whose death was recently announced. 
Mrs. Brigham died last fall, at an advanced age. Jerome 
Ripley Brigiiam, son of David and Elizabeth F. Brig- 
ham, was born in Fitchburg, Massachusetts, July 21, 1825. 
He graduated at Amherst College in 1845, and then located 
in Madison, where he taught school some two years; was 
town clerk in 1847; ^•illage clerk in 1848, 1849 and 1850. 
He was appointed clei^k of the supreme court of Wiscon- 
sin, on the organization of state government in 1848, and 
held the position until August, 185 1. Having been ad- 
mitted to practice at the bar of the several courts, in 185 1, 
Mr. Brigham removed to Milwaukee, and for a time w^as 
a member of the law firm of Stow, Ryan & Brigiiam; 
then of Wells & Brigham, and at the present time (1880) 
of the firm of Wells, Brkhiam & Upham. At the city 
election in April, 1880, Mr. Brigham was elected city 
attorney of Milwaukee, an ofilce he now fills with much 
ability and to the satisfaction of the people of that citv. 

During the Constitutional Convention of 1846, Mr. 
Brigham was the reporter of its proceedings for the Mad- 
ison Express: and we believe he was a reporter at one or 
more sessions of the legislature for the same paper. He 
was a painstaking reporter, giving the substance of the 
proceedings and debates in clear language, and was accu- 



286 BERIAII BROWN. 

rate in his statements of what did take place. lie always 
gave excellent satisfaction in the capacity of a reporter for 
the press. He is a good writer, and many of his contribu- 
tions have graced the columns of the press during his res- 
idence in Wisconsin. 

Mr. Brigiiam is a man of decided ability; a thoroughly 
read lawyer, a finished scholar, a graceful writer, an active 
politician, and a genial gentleman, popular wherever 
known, and his acljuaintance is extensive in and out of the 
state. 

BERIAH BROWX. 

Beriah Brown, third son of Beriah and Martha 
AsHMUN Brown, was born at Canandaigua, New York, 
February 21, 181 5. His father was a native of Providence, 
Rhode Island, of English parentage. His mother, Martha 
AsHMUN, was of a Huguenot family, and was born at Blan- 
ford, Massachusetts, the homestead of Phineas L., Lewis 
and George Ashmun. In 1829, Beriah entered the otlice 
of the Advocate, at Batavia, New York, as an apprentice. 
The following year he accompanied Thomas B. Barnum 
to Erie, Pennsylvania, to assist in the establishment of the 
Erie Observer. At that place Horace Greeley was then 
an apprentice in another office, and an intimacy was formed 
between the two boys which lasted through life. On the 
death of Mr. Barnum, in 1832, he joined Greeley, who 
had preceded him a few months, in New York city, where 
they roomed together at the " Graham House," then kept 
by Mrs. Nicholson. In 1833, on account of failing health, 
he returned to his father's home in western New York. 
The following year he was for a few months associated 
with Setii Lewis, afterwards of the Marshall (Michigan) 
St(ilcs)iian, in the publication of the Advocate, the paper 
upon whicli he commenced his apprenticeship, which he 
was forced to relinquish on account of ill health. In 1S35, 
he removed to Michigan, and established the Tecumseh 
Democrat. In 1839, ^^ joined his brother, John A., in the 



. BERiAH BRO^^^^^ 2S7 

publication of the Niles Intelligencer. In tlic spring of 
1841, he removed to western Wisconsin and engaged in 
mining, and in the fall of 1844 was elected county clerk of 
Iowa county. In 1845, he resigned the otlice of clerk, and 
established the Democrat at Madison, which was subse- 
quently united with the Argiis^ and sold to Andrew 
Proudfit in 1855. In 1849,116 married Jeaxie, daughter 
of Rev. Stephen McIIugh. In 1855, he removed to Del- 
afield, Waukesha county, wherie he resided until 1859, when 
he returned to Madison, and was for a short time associated 
in the publication of the Ar^us and Democrat. In i860, 
he established the People's Press, in INIilwaukee, and the 
same year purchased a half interest in the A^ezcs, which he 
left in 1861, and in the winter of 1862, removed to Califor- 
nia, and was engaged as editor of the Stockton Kcfuhlican, 
then the only daily democratic paper in that state. In 
1863, the establishment was removed to Sacramento, when 
he purchased it, and the same year was the democratic 
candidate for state printer. The material upon which the 
paper was printed was subsequently broken up and thrown 
into the street by a mob, after which he removed to San 
Francisco, and established the Democratic Press, daily and 
weekly, in company with Capt. William S. Moss, the 
present proprietor of the Examiner. 

In the spring of 1865, that establishment was totallv 
demolished by a mob, the editor forced to flee for his life, 
and his library and other private property burned in a pub- 
lic street of San Francisco. After spending a few months 
in Mexico, he returned to California and associated with 
Thomas Thompson in the publication of the Santa Rosa 
Democrat. In the spring of 1866, he accepted a call as 
editor and general manager of the Oregon Herald at Port- 
land; continued in that position till 1869, when he estab- 
lished the Democrat Press at Salem, Qregon. At tlie 
democratic state convention, held in March, 1870, a resolu- 
tion was adopted repudiating the public debt, whereupon 



288 BERIAII BROWN. 

he dissolved his connection with the party, sold his news- 
paper establishment and left the state, and has taken no 
part in a political party caucus or convention from that day 
to the present. After editing the Standard at Olympia, 
Washin<:fton Territory, for a year, in 187 1, in company 
^^•itll Colonel Charles H. Larrabee, he established the 
Piigct Sound Dispatch at Seattle, daily and weekly, the 
publication of which was merged in the IntcUigoiccr, an 
older publication, the ist of October, 1878; of which he is 
now senior editor. 

The public positions held by the subject of this sketch 
in Wisconsin were: clerk of Iowa county; printer to the 
first Constitutional Convention; state printer for several 
terms; delegate to the democratic national convention in 
1848; presidential elector in 1852; chairman of delegation 
to democratic national convention of 1856; regent of State 
University; chairman of democratic state central com- 
mittee several terms; and defeated candidate for congress 
in the first congressional district in 1858. In Washington 
Territory, he has held the several positions of chief clerk 
of the territorial council; president of the board of regents 
of the territorial university; clerk of the United States dis- 
trict court, and present mayor of the city of Seattle, all of 
which places were voluntarily conferred upon him, inde- 
pendent of party caucus or convention; the legislative ap- 
pointments b}' unanimous vote; the court appointment at 
the request of all the federal officials and every democratic 
law3'er in the judicial district; and the election of mayor of 
a strongly republican city, over a republican opponent, by 
the largest majority ever given for a candidate for that 
position. He is an uncompromising democrat in principle ; 
was a zealous supporter of Greeley and Tilden; is an 
earnest advocate of civil service reform, honest money and 
the maintenance of the public credit; unqualifiedly indorses 
the determination of the electoral commission in favor of 
Hayes, and believes that no president ever held that office 



CHARLES HOLT. 289 

by a better title, — based upon the inviolability of state sov- 
ereif^nty, recognized and confirmed by every department 
of tlie government, — executive, legislative and judicial. He 
is now sixty-five years of age, of vigorous health and 
cheerful temper. 

CIL\RLES HOLT. 

Charles Holt reported the proceedings of the first 
Constitutional Convention for the Milwaukee Sentinel^ then 
the onlv dailv paper in the territory of Wisconsin, furnish- 
ing three letters weeklv, which was all the mail facilities 
then permitted. Ilis ancestrv were of Connecticut origin. 
He was born in Herkimer, Herkimer count}'. New York, 
March 5, 1817; received a good common school education; 
and his occupation during life has been that of printer, 
reporter and editor. He removed to Madison, Wisconsin, 
in May, 1846; was elected treasurer of Dane county in 
1847; removed to Janesville in 1848, and published the 
Gazette for a period of fifteen 3'ears thereafter. He was 
married Februarv 28, 1849, to Ellen Fh^ld. Was reg- 
ister of deeds of Rock county in 1858. Removed thence 
to Quincy, Illinois, and for several years jiublislied the 
Whig. Later, he removed to Kankakee, Illinois, where 
he now resides, and has for many years published the 
Gazette. 

The work of Mr. Holt in the convention was carried on 
under every condition of personal discomfort, as not even 
a seat could be obtained on the floor of the assembly hall, 
and his notes had to be taken in the gallery on loose sheets 
held in the hand, and written out afterwards as chance 
offered ; yet the minutes of the proceedings were full, 
accurate and complete. For this labor (and we record it 
for the information of the profession generally) his com- 
pensation was four dollars and tifty cents weekly — about 
the average daily pay for the same services at the present 
time. 

jNIr. Holt, both as reporter and editor, has ever been 
19 



290 HON. JOSEPH GILLETT KXAPP. 

noted as a careful, dignified and fluent writer, a genial 
companion and worthy citizen. He holds a high rank 
among the pioneers of the press in the west. 

HON. JOSEPH GILLETT KNAPP. 

Joseph G. Knapp was born at New Lebanon, New 
York, September 21, 1805. He received a liberal educa- 
tion, studied law, and settled at Green Bay, AVisconsin, No- 
vember 20, 1835. He removed to Madison in 1839, ^"^ 
became connected with the Wisconsin Enquirer as editor 
and proprietor. In 1846, he was elected by the legislature 
as superintendent of public propert}', and re-elected to the 
same position in 1848, and continued to hold it till the close 
of territoral government. 

Mr. Knapp ranks among the earliest pioneer settlers of 
Wisconsin, he having located at Green Bay about 1828. 
He received a thorough and classical education, and was 
by profession a lawyer. Coming at so early a period, as 
it were in advance of legal practice, he embarked in other 
pursuits from time to time, both from necessity and choice. 
After sofne years, and various vicissitudes by " flood and 
field," he located in Madison, about 1842, and we find him 
soon after connected with the press in an editorial capacit}-. 
In 1846, he was elected superintendent of public propertv, 
which position he held until the state was organized in 
1848. He had a fine horticultural taste, and Madison is 
indebted to his efforts for the introduction of the first elm 
and other ornamental trees amonfj the native oaks that 
have so long adorned the capitol park. For many years 
he followed his profession, often, however, mingled with 
literary or editorial labors. Not only as a reporter of the 
first Constitutional Convention, but in many departments 
of political economy, scientific and legal inquiry, his writ- 
ings were voluminous. About 1862, he was appointed 
United States district judge of New Mexico. On his re- 
turn to Madison, he embarked for a season in a newspaper 



HON. HORACE A. TENNEY. 291 

venture, and a year or two later was employed on the scien- 
tific stair of the Southern Pacific railroad, far in advance 
of the line actually completed. He was one, indeed, who 
pioneered the route of that great enterprise. This labor 
over, after a short sojourn in Wisconsin, he located at 
Limona, in Florida, embarking in orange culture, and has 
ever since resided there. 

The personal characteristics of Mr. Knapp ever gave 
him prominence in whatever community he resided. He 
was highly cultured, profoundly read in nearly all branches 
of learning, possessed a memory of wondrous tenacity 
which never lost a fact or principle once fixed, a genial, 
companionable and pleasant disposition, and took the frowns 
or smiles of fortune witli equal composure. lie has from 
time to time contributed man}' viduable. papers to literar}', 
scientific and historical societies, and thus engraved an 
enduring mark along the entire line of oui- state history; 
and now, in his old age, he is remembered with kindness 
and respect by multitudes of pioneers of the earlier period. 
His memoirs should be a part of our historical collections. 
He was twice married, surviving both partners. At latest 
date, he was hale and hearty, with the promise of many 
years of useful and active life still before him. 

HON. HORACE A. TENNEY. 

The ancestral record of Mr. Tenney is complete and 
unbroken from 1638, the date of settlement of the first 
family of the name in America, at Rowley, Massachusetts, 
he being of the seventh generation. His father was 
Daniel Tenney, born in Temple, New Hampshire, Feb- 
ruary 13, 1794, who died at La Porte, Ohio, February i, 
1875. ^^^* mother, SYE^'IA Ki:nt, was born in Dorset, 
Vermont, October 26, 1792, and died in Thayer, Kansas, 
March 31, 1876. The first of this family immigrated from 
England in 1634, and settled in Xewbur\-, Massachusetts, 
and the chain of descent is unbroken through eight <{ener- 



292 HON. HORACE A. TEXNEY. 

ations. She was a second cousin of Hon. James Kent, 
LL. D., for many years chancellor of the supreme court of 
the state of New York. Daniel Tenney and Sylvia 
Kent were married at Dorset, Vermont, October 26, 1815. 
Mr. Tenney was a second son of the family, born on Grand 
Isle, Vermont, February 22, 1820. He received an aca- 
demic and in part collegiate education, was by trade a 
printer, and by profession an editor and lawyer, having 
been admitted to practice in the courts of Ohio in 1841. 
In 1842, he published the " Lorain Republicans^'' at Eh^ria, 
Lorain county, Ohio, and in 1843, was elected prosecuting 
attorney of the count}-. December 5, of the same year, 
he married Juliette P. Chaney, daughter of Charles 
and Susan Chaney, of Elyria. 

In June, 1845, he visited the territory of Wisconsin with 
a purpose of finding a western home, and in September of 
that year, in connection with his brother H. W., com- 
menced the publication of the semi-weekly and weekly 
'Jeffcrsonian., at Galena, Illinois. Owing to the then un- 
healthy condition of the locality, and to sickness in 1846, 
he disposed of his paper and removed to Madison, pur- 
chasinor a controlling: interest in the Wisconsin Aro-us. In 
1847 and 1848, he was elected territorial printer, and by 
contract was connected with the state printing until 1852, 
when ill health compelled his withdrawal. In 1850, he 
was elected a trustee of the village, and filled that position 
and that of president for five or six years. In 1852, he 
was appointed assistant state geologist of the first survey, 
and, in 1853, located the Saline land grant for the State 
University. In 1848, he was appointed as volunteer agent 
to collect its cabinet, and subsequently its librarian, and in 
both positions met with much success. In 1854, in connec- 
tion with J. T. Marston, he commenced the publication 
of the Wisconsin Patriot, but ill health soon forced a 
withdrawal, and the establishment passed into the hands of 
S. D. Carpenter, and was continued until 1863. In 1856, 



IIOX. HORACE A. TEXNEV. 293 

he was elected a member of the assembly, and, in 1S57, 
elected a member of the regents of the University. In 
1858, he was appointed comptroller of the state treasmy. 
In 1862, he was made paymaster U. S. A., having the 
3'ear previous built Camp Randall, and aided in titting 
some fifteen thousand soldiers for the field. In 1866, he 
was appointed mail agent, in charge of Michigan, Wis- 
consin, Minnesota and Dakota. After some years passed 
as an editor upon the large daily papers of Chicago and 
St. Paul, he was, in 1874, appointed secretary of the rail- 
road commission, and, in 1878, was the national candidate 
for congress in the second district. 

Mr. Texney served as a reporter in both of the Con- 
stitutional Conventions. 

The general avocation of Mr. Texxey has been that of 
editor and reporter. His pen has always been busy in 
correspondence with so many papers that a bare enumera- 
tion would be tedious. Like almost all who have followed 
the profession, the printing office is his first love. His 
writings have been almost innumerable. He was the 
author of several pamphlets, especially setting forth the 
advantages of Dane, Pierce and other counties for settle- 
ment in early times; and numerous papers and reports 
from his hand are scattered through the public archives, 
both territorial and state. He has always retained his 
residence in the village and town of Madison since the 
date of his first settlement. 



294 



DAVID ATWOOD. 



REPORTERS — CONVENTION OF 1847-S. 

DAVID ATWOOD. 

The Atwood family is an old one in this countiy, and 
the name has become quite numerous in most of the states. 
From f^enealogical works, it is found that several persons 
of the name have left England and settled in the United 
States, and become heads of a line of the name in this 
countrv. The name is found in Plymouth colony as early 
as 1638. The subject of this sketch traces back his ances- 
try, on his father's side, six generations in America, to 
Herman Atwood, who came from Sanderstead, about 
fifteen miles from London, and settled in Boston in 1642; 
and on his mother's side, five generations in this country, 
to John Bell, who came from Ireland and settled in Bed- 
ford, New Hampshire, in 1736. 

For the benefit of the numerous families by the name of 
Bell in this country, the following item, clipped from an 
old number of the Vermont £^iarterly Gazetteer, purporting 
to give the origin of the name, is inserted: "John Aus- 
tin, of pure Norman extraction, a native of Glasgow, 
Scotland, invented the tulip-shaped hcll, — for which he 
was knighted by Queen Elizabeth, and took the name of 
Bell. He was a staunch Presbyterian, and during the 
religious controvers}^, was obliged to flee, and went to the 
north of Ireland. From thence a large family of brothers 
emigrated to the United States, and settled in various parts 
of the Union. James, the second son, settled in New 
Hampshire." David Atwood, the father of the subject 
of this sketch, and his mother, Mary Bell, were both 
born in Bedford, New Hampshire — ^the former March 24, 
1779, and the latter April 12, 1781. They were married 



DAVID ATWOOD. 295 

September 21, 1802, and resided in their native town 
through their entire Hves. 

David Atwood was born in Bedford, New Hampshire, 
December 15, 1815. lie was brought up on a farm, and 
this means, at that day, on a New Hampshire farm, — 
hard work. He received a common school education, Hm- 
ited to a few weeks in each year, till he was sixteen years 
of age. In 1S32, he accompanied an elder brother to 
Hamilton, Madison county, New York, where he at once 
entered upon a tive years' apprenticeship to tlie printing 
business in an olUce devoted exclusively to the printing of 
law books. At the age of twenty-one, in 1836, he took an 
agency for the selling of the law works his former em- 
ployers had published, and that he had helped to print. 
He devoted nearly three years to this agenc}-, in introduc- 
ing those works to the profession. During this time, he 
traveled extensi\eK' in the stales of New York, Peiins\l- 
vania, ]Mar^•land, Virginia, Ohio, Indiana, Michigan, Illi- 
nois, Missouri, Kentuckv, and the District of Columbia: in 
many of them, lie visited ever}' countv seat. At that earh' 
day, much of the territory over which he traveled was in 
its native state — a wilderness; and manv scenes were ex- 
perienced that might appear marvelous to children of the 
present day of luxury and ease. One of the great pleas- 
ures of his life has been in witnessing the progress and 
growth of the countr}- through which he then passed, and 
in contrasting its condition then with its present thrift\- ap- 
pearance. Then a wilderness, now dotted all over with a 
prosperous, wealthy and happy people. The change is 
certainh' an immense one — difficult to realize bv the pres- 
ent generation. 

In September, 1839, ^^^'- Atwood returned to Hamilton, 
New York, and immediately united with a brother in the 
publication of the " Ilauiiiton Palhidiiini^'' a weekU* news- 
paper. He devoted his entire time to this work, with 
limited pecuniary success, through two presidential cam- 



296 DAVID ATWOOD. 

paigns — that of Harrison and Van Buren, in 1840, and of 
Clay and Polk, in 1844. At the close of the latter, on ac- 
count of failing health, he discontinued the publication of 
the paper. Being advised that out-door labor would prob- 
ablv improve his health, he purchased, in company with a 
friend, a tract of land in Stephenson county, Illinois, about 
seven miles east of Freeport, and on the loth of February, 
1845, with his friend, started in an emigrant wagon for his 
western home. After about six weeks of hard traveling, 
the place of destination was reached, and he at once turned 
his attention to farming, hoping to acquire both health and 
wealth. As regards health, he was not mistaken; but in 
his expectations in regard to accumulating wealth, he was 
sadly mistaken. The farm was heavily stocked with 
sheep, but the enterprise proved a failure. The flock be- 
came diseased, and was largely reduced by deaths. After 
three seasons of farming, the great object had been se- 
cured; his health was entirely restored, and the loss of 
property was of slight consequence; the farming experi- 
ence had proved a valuable one. 

In September, 1847, having disposed of his farm and 
other property upon it, Mr. Atwood proceeded to Madi- 
son, Wisconsin, to seek employment in his chosen profes- 
sion — the one for which he had prepared himself — the 
printing business. He was successful in securing employ- 
ment, and within an hour after his arrival in Madison, he 
was placed in editorial charge of the jlfadison Express, 
then published by W. W. Wvman — and has continued 
in charge of the same paper with only a change of name 
to " State 'Journal^'' ever since. He purchased the ^.v- 
press oflice within the first year of his residence in Madi- 
son. At the present time (1880) there is every prospect 
that he will remain with the paper the balance of his life. 
He would hardly know how to do anything else, and he 
must do something. 

Soon after Mr. Atwood located in Madison, the Consti- 



DAVID ATWOOD. 297 

tutional Convention of 1847-8, convened in that place, and 
he took his seat in it, as a reporter for the Express, and 
during every moment that body was in session, he was 
present with it, and furnished a report of its proceedings 
for the paper with which he was connecied. lie has con- 
tinued to act as a reporter of legislative bodies ever since 
he commenced in 1847. 

Since Mr. Atwood has resided in Madison, he has held 
by election or appointment several offices, among which 
may be noted: justice of the peace in 1849; village trus- 
tee in 1S54; chief clerk of the assembly in 1855; member 
of the assembly in 1861 ; assessor of internal revenue from 
1862 to 1866; mayor of Madison in 1868-9; and mem- 
ber of the forty-lirst congress. In 1872, he was commis- 
sioned by President Grant, as centennial commissioher 
from Wisconsin. lie has held many local positions in dif- 
ferent associations, such as member of the city school board, 
treasurer of the State Agricultural Societv, director in the 
State Historical Society, the Madison iMutual Insurance 
Company, the Madison Gas Light and Coke Companv, 
several railroad companies; trustee of the Insane Hospital, 
etc. 

In his early life, in New York, there was quite a military' 
display annually in that state. In 1841, Mr. Atwood was 
commissioned as adjutant on the staff of the late Col. 
James W. Nye, who commanded the 65th regiment of 
infantry; the next year he became major of the regiment, 
and the next, colonel. The two former commissions were 
issued by Gov. Wx\i. H. Seward, countersigned by Rufus 
King as adjutant general, afterwards an editor and mem- 
ber of the Constitutional Convention in Wisconsin; and 
the latter bv Gov. W. C. Bouck, father of Hon. Gabriel, 
BouCK, member of congress from the sixth district in this 
state. In Wisconsin, he was quartermaster general under 
Gov. Farwell in 1852, and was appointed major general 
of the 5tii division by Gov. Randall in 1858. 



2^3 DA\'ID LAiVIBERT. ■ 

Politicallv, Mr. Atvvood labored somewhat actively with 
the whig party, while it had an existence; and with the 
republican party since its organization. He was on the 
committee that reported the iirst republican platform in 
the state, in 1854; ^'^^ represented his party on its national 
and state committees; and was a delegate to the national 
convention at Cincinnati in 1876. 

August 23, 1849, Mr. Atwood was married, at Potosi, 
Wisconsin, to Mary Sweeney, daughter of Connor and 
Susan Sw^eeney, formerly of Canton, Ohio. They have 
liad four children — two sons and two daughters. The 
eldest of the family — Charles David x\twood was mar- 
ried to Elizabeth Ward, September 8, 1874. ^^ ^^^^ 
at Madison, February 6, 1878, in the 28th year of his age. 
The other three — Harrie F,, Mary Louise, and Eliza- 
beth Gordon — reside in Madison; the latter was mar- 
ried to E. P. Vilas, Esq., October 9, 1877. 

DAVID LAMBERT. 

David Lambert was one of the reporters of the 
journal and debates of the second Constitutional Conven- 
tion. Of his career but little can now be learned. Like 
manv of the craft in pioneer times, he seemed to prefer a 
roaming life, and had traveled extensively over a large 
portion of the west and south. He was in many respects 
a man of marked ability and high cultivation, of keen per- 
cei-)tions and logical acumen; and yet a good fellow of' 
'' infinite jest," overflowing with spontaneous humor. He 
had, previous to 1847, assisted in editing one of the Madi- 
son papi-rs for a short time, and after some years absence, 
only returned in time to take a part in the work of report- 
ing. In 1848 and 1849 he visited St. Paul, with a view to 
locating in that then wilderness, and a few months later, 
while a passenger upon a steamer, by some accident, fell 
overboard and was drowned. Our memory of him, as 
well as that of all his associates, is most respectful and 



HON. JOIIX Y. SMITH — HENRY W. TENNEY. 299 

kindh". Had he lived, his abilities could nDt have failed to 
have made him renowned in the new field he had purposed 
to occupy. 

HON. JOHN Y. SMITH, 

who was a member of the first Constitutional Convention, 
was one of the reporters of the journal and debates of the 
second. The sketch of his life elsewhere, gives the gen- 
eral outlines of his career. He was in every sense a man 
of marked ability, profound thought, a deeply cultivated 
scholar, and lluent and able writer, having achieved a rep- 
utation in his articles upon political economy which might 
almost be said to be national, and made him the adviser 
and confidential friend of many of the ablest statesmen in 
the country. lie has been dead for several years. 

HENRY W. TENNEY, ESQ. 

Henry AV. Tenney was born on Grand Isle, Vermont, 
January 2, 1S22. He received a thorough classical edu- 
cation, graduated from the university of Vermont in 1S45, 
in which year he removed west, and became a lawver by 
profession. In 1847, he assisted in reporting the journal 
and debates of the second Constitutional Convention, while 
educating himself for the bar, and, both by education and 
training, was specially fitted for this service. October 18, 
1852, he was married to Hannah Schi-:nkberg. After 
some vears' practice in Milwaukee, he removed to Portage 
City, purchasing and laying out, in connection with a part- 
ner, a large part of the site of the place. Several 3-ears 
later, he removed to Madison, resuming legal practice. 
From thence he removed to Chicago, where he resided 
until 1879, when he removed to Appleton, Wisconsin, and 
continues in the pursuit of his profession. In Chicago he 
was a member of the law firm of Tenneys & Flower, 
and that firm was one of the most successful in that citv. 
As a speaker he was clear, and never appeared in court 
without thorough preparation, and his papers were rarely, 



300 HENRY W. TENNEY. 

if ever defective. His removal to Appleton was owing to 
failing health, induced by excessive professional labor. As 
a practitioner he was ever courteous and honorable ; was 
popular with his associates, and in all places a true gentle- 
man. As an acute thinker, logical writer, and profound 
lawyer, he has few equals and less superiors. He has 
ever been noted for genial humor, generous impulses, and 
keen and ready wit. Few men, indeed, are more widely 
known or more highly respected. He has always avoided 
public positions from choice, preferring the solid and more 
substantial pleasures of the life of a student, and to rank 
high in his profession. 



CONSTITUTIONS 

ADOPTED BY BOTH CONVENTIONS. 



REJECTED CONSTITUTION. 



The following is a full copy of the constitution for the 
state of Wisconsin, as adopted by the convention at Mad- 
ison, December i6, 1846, and which was rejected b\- tiie 
people at an election held on Tuesday, the 6th day of April, 
1847, by a vote: For constitution, 14,119; against consti- 
tution, 20,232. 



PREAMBLE. 



TItc constitution of the state of Wisconsin, adopted in convention, at 
Madison, on the sixteenth day of December, in the year of our Lord 
one thousand eight hundred and forty-six, and of the independence of the 
I'nited Stiites the seventy-first. 

We, the people of W'isconsin, acknowledging with gratitude the grace 
and beneficence of God in permitting us to make choice of our form 
of government, having the right of admission into tlie Union as a 
member of the confederacy, consistent with the constitution of the 
United States, and the ordinance of congress of one thousand seven 
hundred and eighty-seven, believing that the time has arrived when 
our present political condition ought to cease, and the right of self- 
government to be asserted; and in order to establish justice, ]iromote 
the general welfare, and secure the blessings of liberty to ourselves 
and our posterity, do mutually agree with each other to form ourselves 
into a free and independent state, by the name of the " State of 
Wisconsin," ami do ordain and establish ihis constitution for the 
government thereot". 

ARTICLE L 

ox norxDARir.s. 

Section i. It is hereby ordained and declared that the state of Wis- 
consin " doth consent to and accept of the boundar cs " prescribed in the 
act of congress entilLd " an act to enable the people of Wisconsin ter- 



304 REJECTED CONSTITUTION. 

ritorv to form a constitution and state government, and for the admis- 
sion of such state into the Union," approved August sixth, one thousand 
eight hundred and forty-six: Provided., however, that the following 
alteration of the aforesaid boundary be and hereby is proposed to the 
congress of the United States, as the preference"bf the state of Wiscon- 
sin, and if the same shall be assented and agreed to by the congress 
of the United States, then the same shall be and forever remain obliga- 
tory on the state of Wisconsin, viz: Leaving the aforesaid boundary 
line at the first rapids in the river St. Louis; thence in a direct line 
southwardly to a point fifteen miles east of the most easterly point in 
Lake St. Croix; tlience due south to the main channel of the Missis- 
sippi river or Lake Pepin; thence down the said main channel of Lake 
Pepin and the Mississippi river, as prescribed in the aforesaid boundary. 
Sectiox 2. This ordinance is hereby declared to be UTevocable without 
the consent of the United States. 

ARTICLE IL 

ON ACT OF CONGRESS FOR AD:MISSI0N OF THE STATE. 

Section i. The propositions of the congress of the United States, as 
made and contained in their act of the sixth day of August, one thou- 
sand ei;^'ht hundred and forty-six, entitled "an act to enable the people 
of Wisconsin territory to form a constitution and state government, and 
for the admission of such state into the Union," are hereby accepted, 
ratified and confirmed: Provided., nevertheless, that nothing in this 
constitution, or in the act of congress aforesaid, shall in any manner 
prejudice or afiect the right of the state of Wisconsin to five hundred 
thousand acres of land granted to said state, and to be hereafter selected 
and located by and under the act of congress of the United States, en- 
titled " an act to appropriate the proceeds of the sales of the public lands, 
and grant pre-emption rights," approved September fourth, one thousand 
eight hundred and forty-one. 

Section 2. The state shall never interfere with the primary disposal of 
the soil within the same by the United States, nor with any regulations 
congress may find necessary for securing the title in such soil to bona Jidr. 
purchasers thereof; and no tax shall be imposed on land the property of 
the United States; and in no case shall non-resident proprietors be taxed 

higlier than re-;idents. 

ARTICLE III. 

ON THE EXECITIVE OF THE STATE. 

Section i. The executive power shall he vested in a governor, who 
shall hold his office for two years. A lieutenant governor shall be 
elected at the same time and for the same term. 

Section 2. No person, except a citi.:cn o; the United States, and a 



REJECTED CONSTITUTION'. 305 

qu iliTicd elector of this state, shall be eligible to the office of governor, 
or lieutenant governor. 

Section 3. The governor and lieutenant governor shall be elected at 
the times and places of choosing members of the legislature. The per- 
sons respectively having the highest number of votes for governor and 
lieutenant governor, shall be elected. But in case two or more shall have 
an equal and the highest number of votes for governor or ibr lieutenant 
governor, the two houses of the legislature, at its next annual session, 
shall forthwith, by joint ballot, choose one of the said persons so having 
an equal and the highest number of votes for governor or lieutenant 
governor. The returns of election for governor and lieutenant governor 
shall be made in such manner as shall be prescribed by law. 

Section 4. The governor shall be commander-in-chief of the military 
and naval forces of the state. He shall have power to convene the legis- 
lature on extraordinary occasions. He shall communicate to the legis- 
lature, at every session, the condition of the state, and recommend 
such matters to them for their consideration as he may deem expedient. 
He shall transact all necessary business with the officers of the govern- 
ment, civil and military. He shall expedite all such measures as may 
be resolved upon by the legislature, and shall take care that the laws are 
faithfully executed. 

Section 5. The governor shall receive as a compensation for his ser- 
vices annually, the sum of one thousand dollars. 

Section 6. The governor shall have power to grant reprieves and 
pardons, after conviction, for all offenses except treason and cases of im- 
peachment. He may commute sentence of death to imprisonment in a 
states prison for life. He may grant pardons upon such conditions and 
•with such restrictions and limitations as he may think proper. Upon 
conviction for treason, he shall have the power to suspend the sentence 
until the case shall be reported to the legislature at its next session. He 
shall communicate to the legislature, by message, each case of reprieve, 
commutation and pardon by him granted, since the next previous session 
of the legislature, stating the name of the convict, the crime of whicii he 
was convicted, the sentence and its date, and the date and conditions of 
the commutation, pardon, or reprfeve. 

Section 7. In case of the impeachment of the governor, or his re- 
moval from office, death, inability from mental or physical disease, resig- 
nation or absence from the state, the powers and duties of the office sliall 
devolve upon the lieutenant governor, for the residue of the term, or imtil 
the governor, absent or impeached, shall have returned, or the disability 
shall cease. But when the governor shall, with the consent of the legis- 
lature, be out of the state in time of war, at the head of the military 
force thereof, he shall continue commander-in-chief of all the military 
force of the state. 
20 



3o6 REJECTED CONSTITUTION. 

Section* 8. The lieutenant governor shall be president of the senate, 
but shall have only a casting vote therein. If, during a vacancy of the 
office of governor, the lieutenant governor shall be impeached, displaced, 
resign, die, or from mental or physical disease become incapable of per- 
forming his duties, or be absent from the state, the secretary of state 
shall act as governor until the vacancy shall be filled, or the disability 
shall cease. 

Section 9.v The lieutenant governor shall receive double the per diem 
of members of the senate for every day's attendance as president of the 
senate, and the same mileage as shall be allowed to members of the 
legislature. 

Section to. The governor and lieutenant governor, or either of them, 
shall not, during the term for which he or they are elected, hold any 
other office of trust, honor, profit or emolument under this state, or the 
United States, or any other state of the Union, or any foreign state or 
government. 

Section ii. Every bill which shall have passed the legislature shall, 
before it becomes a law, be presented to the governor. If he approve, 
he shall sign it; but if not, he shall return it, with his objections, to that 
house in which it shall have originated, who shall enter the objections at 
large on their journals, and proceed to reconsider it. If after such re- 
consideration, two-thirds of the members present shall agree to pass the 
bill, it shall be sent, together with the objections, to the other house, by 
which it shall likewise be reconsidered, and, if approved by two-thirds 
of the members present, it shall become a law. But in all such cases, 
the votes of both houses shall be determined by yeas and nays, and the 
names voting for and against the bill shall be entered on the journal of 
each house respectively. If any bill shall not be returned by the gov- 
ernor within three days (Sundays excepted) after it shall have been pre- 
sented to him, the same shall be a law, unless the legislature shall, by 
their adjournment, prevent its return; in which case it shall not be a law. 

ARTICLE IV. 
administrative. 

Section i. A secretary of state, who shall ex-opcio be the auditor, a 
treasurer, and an attorney general, shall be elected at the times and places 
of choosing governor and lieutenant governor, and shall hold their offices 
for the term of two years. 

Skction 2. The secretary of state shall keep a fair record of the 
official acts of the legislative and executive departments of the state, and 
shall, when required, lay the same, and all matters relative thereto, be- 
fore either branch of the legislature; and shall perform such other duties 
as shall be assigned him by law. He shall receive as a compensation 



REJECTED CONSTITUTION. 307 

for his services, yearly, such sum as shall be providjd by law, not ex- 
ceeding one thousand dollars, and shall keep his office at the seat of 
government. 

Section 3. Tne powers, duties and compensation of the treasurer and 
attorney general shall be prescribed by law. Each of said officers shall 
receive as a compensation for his services yearly, a sum to be prescribed 
by law. 

Section 4. The legislature shall not grant or allow to any officer 
named in this article any extra compensation under any pretense, or in 
any form whatever. 

ARTICLE V. 

ox THE CONSTITUTION AND ORGANIZATION OF THE LECISLATTRE. 

Section i. The legislative power shall be vested in a senate and 
house of representatives. 

Section 2. The number of the meinbers of the house of representa- 
tives shall never be less than sixty, nor greater than one hundred and 
twenty. The senate shall consist of a number, of members not greater 
than one-third nor less than one-fourth of the number of the members of 
the house of representatives. 

Section 3. The legislature shall provide by law for an enumeration 
of the inhabitants of this state, in the year one thousand eight hundred 
and fifty-five, and at the end of every ten years thereafter; and shall also 
provide for such enumeration in the year one thousand eight hundred 
and forty-eight; and at their first session after each enumeration so made 
as aforesaid, and also after each enumeration made by the authoritv of 
the United States, the legislature shall apportion anew the representa- 
tives and senators among the several districts, according to the niunber 
of inhabitants, excluding Indians not taxed, and soldiers and officers of 
the United States army and navy. 

Section 4. Until there shall be a new apportionment of the senators 
and members of the house of representatives, the state shall lie divided 
into senatorial and representative districts as follows, and the sotiators 
and members of the house of representatives shall be apportioned among 
the several districts as follows, viz: 

The county of Brown shall constitute the first representative district, 
and shall be entitled to one representative. 

The county of Calumet shall constitute the second representative 
district, and shall be entitled to one representative. 

The county of Manitowoc shall constitute the third representative 
district, and shall be entitled to one representative. 

The county of Marquette shall constitute the fourth repi-cscntative 
district, and shall be entitled to one representative. 

The county of Winnebago shall constitute the fifth representative 
district, and shall be entitled to one representative. 



3o8 REJECTED CONSTITUTIOX. 

The county of Sheboygan shall constitute the sixth representative 
district, and shall be entitled to one representative. 

The countv of Fond du Lac shall constitute the seventh representative 
district, and shall be entitled to two representatives. 

The county of Columbia shall constitute the eighth representative 
district, and shall be entitled to one representative. 

The county of Sauk shall constitute the ninth representative district, 
and shall be entitled to one representative. 

The county of Washington shall constitute the tenth representative 
district, and shall be entitled to four representatives. 

The countv of Dodge shall constitute the eleventh representative dis- 
trict, and shall be entitled to four representatives. 

The county of Milwaukee shall constitute the twelfth representative 
district, and shall be entitled to eight representatives. 

The county of Waukesha shall constitute the thirteenth representa- 
tive district, and shall be entitled to six representatives. 

The countv of Jefferson shall constitute the fourteenth representative 
district, and shall he entitled to five representatives. 

The county of Dane shall constitute the fifteenth representative dis- 
trict, and shall be entitled to four representatives. 

The county of Racine shall constitute the sixteenth representative 
district, and shall be entitled to ten representatives. 

The county of Walworth shall constitute the seventeenth representa- 
tive district, and shall be entitled to six representatives. 

The county of Rock shall constitute the eighteenth representative dis- 
trict, and shall be entitled to five representatives. 

The county of Green shall constitute the nineteenth representative 
district, and shall be entitled taone representative. 

The county of Iowa shall constitute the twentieth representative dis- 
trict, and shall be entitled to seven representatives: Provided, That 
■whenever the said county of Iowa shall be divided, and two new coun- 
ties shall be organized out of the saine, then the northern of said two 
new counties shall be entitled to three representatives, and the southern 
of said two new counties shall be entitled to four representatives. 

The county of Grant shall constitute the twenty-first representative 
district, and shall be entitled to five representatives. 

The counties of Crawford and Richland shall constitute the twenty- 
second representative district, and shall be entitled to one representative. 
The counties of St. Croix and Chippewa shall constitute the twenty- 
third representative district, and shall be entitled to one representative. 

The county of La Pointe shall constitute the twenty-fourth represent- 
ative district, and shall be entitled to one representative. 

The county of Portage shall constitute the twenty-fifth representative 
district, and shall be entitled to one representative. 



REJECTED CONSTITUTION. 3O9 

The counties of Brown, Calumet, Winnebago, Fond du Lac, Manito- 
woc and Siiebovgan shall constitute tiie first senatorial district, and shall 
be entitled to one senator. 

The counties of Marquette, Columbia, Portage, Sauk, Richland, Craw- 
ford, Chippewa, St. Croix and La Pointe shall constitute the second sena- 
torial district, and shall be entitled to one senator. 

The county of Washington shall constitute the third senatorial dis- 
trict, and shall be entitled to one senator. 

The coimty of Dodge shall constitute the fourth senatorial district, 
and shall be entitled to one senator. 

The county of Milwaukee shall constitute the fifth senatorial district, 
and shall be entitled to two senators. 

The county of Waukesha shall constitute the sixth senatorial district, 
and shall be entitled to two senators. 

The county of Jefierson shall constitute the seventh senatorial district, 
and shall be entitled to one senator. 

The county of Dane shall constitute the eighth senatorial district, and 
shall be entitled to one senator. 

The county of Racine shall constitute the ninth senatorial district, and 
shall be entitled to two senators. 

The county of Walworth shall constitute the tenth senatorial district, 
and shall be entitled to two senators. 

The county of Rock shall constitute the eleventh senatorial district, 
and shall be entitled to two senators. 

The county of Green shall constitute the twelfth senatorial district, 
and shall be entitled to one senator. 

The county of Iowa shall constitute the thirteenth senatorial district, 
and shall be entitled to two senators: Provided, That whenever the 
said county of Iowa shall be divided, and two new counties shall be or- 
ganized out of the same, then the northern of said two new counties 
shall be entitled to one senator, and the southern of said two new coun- 
ties shall be entitled to one senator. 

The county of Grant shall constitute the fourteenth senatorial district, 
and shall be entitled to two senators. 

Section 5. The representatives shall be chosen annually, on the day 
of the general election, by the qualified electors of the several districts; 
the senators shall be chosen biennially, for two years, at the same time 
and in the same manner as the representatives are required to be chosen. 
Section 6. Senators and representatives shall be qualified electors in 
the respective districts which they represent, and shall have resided at 
least one year in the state. 

Section 7. No person holding olTice under the United States (post- 
masters excepted) shall be eligible to a seat in either branch of the legis- 
lature of this state. 



3IO REJECTED CONSTITUTION. 

Section 8. A majority of each house shall constitute a quorum to 
do business; but a smaller number may adjourn from day to day, and 
mav compel the attendance of absent members in such manner and 
under such penalties as each house may provide. Each house shall 
choose its own officers. 

Section 9. Each house shall determine the rules of its proceedings, 
and judge of the qualifications, elections, and returns of its own mem- 
bers ; may punish for contempts, and its members for disorderly behavior, 
and may, with the concurrence of two-thirds of all the members elected, 
expel a member; but no member shall be expelled a second time for the 
same cause. 

Section 10. No senator or representative in the legislature of this 
state shall, during the time for which he was elected, or during one year 
after the expiration thereof, be appointed or elected to any civil office 
under the authority of this state, which shall have been created or the 
emoluments whereof shall have been increased during the term for 
which he was elected. 

Section ii. Senators and representatives shall, in all cases except 
treason, felonj', and breach of the peace, be privileged from arrest, nor 
shall they be subject to any civil process during the session of the legis- 
lature, nor for fifteen days next before the commencement and after the 
termination of each session. 

Section 12. The legislature shall meet at the seat of government on 
the second Thursday of January in every year, and at no other period, 
imless otherwise directed by law, or provided for in this constitution. 

Section 13. The governor shall issue writs of election to fill such 
vacancies as may occur in the senate or house of representatives. 

Section 14. The style of the laws of this state shall be, " It is enacted 
by the legislature of the state of Wisconsin as follows, viz: " 

Section 15. Each member of the legislature shall receive for his 
services, two dollars for each day's attendance during the first forty days 
of any session, and one dollar for each day's attendance during the re- 
mainder of sucli session, and ten cents for every mile he shall travel in 
going to and returning from the place of the meeting of the legislature, 
to be computed by the most usuallj' traveled route, 

ARTICLE VI. 

on the powers, duties and restrictions of the legislature. 

Section i. ICach house shall keep a journal of its proceedings, and 
publish tlie same, except such parts as may require secrecy. The doors 
of each house shall be kept open, except when the public welfare shall 
require secrecy. Neither house shall, without consent of tiie otiicr, 
adjourn for more than two days. 



REJECTED CONSTITUTION. 3II 

Section 2. Anv bill may originate in either housj of the legislature, 
and all bills passed by one house may be amended by the other; and on 
the final passage of all bills, the vote shall be by ayes and noes, and shall 
be entered on the journal. 

Section 3. The legislature may confer upon the boards of super- 
visors of the several counties of the state, such powers of local legisla- 
tion and administration as they siiall from time to lime prescribe. 

Section 4. No private or local bill which may be passed by the 
legislature shall embrace more than one subject, and that shall be 
expressed in the title. 

Section 5. The legislature shall never grant extra compensation to 
any public officer, agent, servant or contractor, after the service shall 
have been rendered or the contract entered into. 

Section 6. Members of the legislature, and all officers, executive and 
judicial, except such inferior officers as may by law be exempted, shall, 
before they enter upon the duties of their respective offices, take and sub- 
scribe the following oath or affirmation: "I do solemnly swear (or 
affirm, as the case may be) that I will support the constitution of the 
United States, and the constitution of the state of Wisconsin, and that I 

■will faithfuUv discharge the duties of the office of , according to 

the best of my ability." 

Section 7. The legislature shall never authorize any lottery. 

Section S. One-fifth of the members present, of each house, shall 
be entitled to call for the ayes and noes on any question, and to have 
the same entered upon the journal. 

Section 9. The legislature shall establish but one system of town 
and county government, which shall be imiform, as near as may be, 
throughout the state. 

Section io. The legislature shall direct by law in what manner and 
in what courts suits may be brought against the state. 

ARTICLE VII. 

ON THE organization and functions of the judiciary. 

Section" i. The court for the trial of impeachments shall be com- 
posed of the senate. The house of representatives shall have the power 
of impeaching all civil officers of this state, for corrupt conduct in office, 
or for crimes and misdemeanors; but a majority of all the members 
elected shall concur in an impeachment. On the trial of an impeach- 
ment against the governor, the lieutenant governor shall not act as a 
member of the court. No judicial officer shall exercise his office after 
he shall have been impeached, until his acquittal. Before the trial of 
an impeachment, the members of the court shall take an oath or alTirma- 
tion, tiuly and impartially to try the impeachment according to evidence; 



312 REJECTED CONSTITUTION. 

and no person shall be convicted without the concurrence of two-thirds 
of the members present. Judgment in cases of impeachment shall not 
extend further than to removal from office, or removal from office and 
disqualification to hold any office of honor, profit, or trust, under this 
state; but the party impeached shall be liable to indictment, trial and 
punishment according to law. 

Section 2. The judicial power of this state, both as to matters of 
law and equity, shall be vested in a supreme court, circuit courts, courts 
of probate, and in justices of the peace. The legislature may also vest 
such jurisdiction as shall be deemed necessary, in municipal courts, and 
shall have power to establish inferior courts in the several counties, with 
hmited civil and criminal jurisdiction. 

Section" 3. The supreme court, except in cases otherwise provided in 
this constitution, shall have appellate jurisdiction only, which shall be 
co-extensive with the state; but in no case removed to the supreme court 
shall a trial by jury be allowed in said court. The supreme court shall 
have a general superintending control over all inferior courts; it shall 
have power to issue writs of habeas corpus, mandamus, injunction, quo 
warranto, certiorari, and other original and remedial writs, and to hear 
and determine the same. 

Section 4. For the term of five years from the first election of the 
judges of circuit courts, and thereafter until the legislature shall other- 
wise provide, the judges of the several circuit courts shall be judges of 
the supreme court, a majority of whom shall constitute a quorum, and 
the concurrence of a majority of the judges present shall be necessary 
to a decision. 

Section 5. The state shall be divided into five judicial circuits, to be 
composed as follows: The first circuit shall comprise the counties of 
Racine, Walworth, Rock and Green. The second circuit, the counties 
of Milwaukee, Waukesha, Jefterson and Dane. The third circuit, the 
counties of Washington, Dodge, Columbia, Marquette, Sauk and Port- 
age. The fourth circuit, the counties of Brown, Manitowoc, Sheboygan, 
Fond du Lac, Winnebago and Calumet; and the fifth circuit shall com- 
prise the counties of Iowa, Grant, Crawford and Richland; and the 
counties of Chippewa, St. Croix and La Pointe shall be attached to the 
county of Crawford, for judicial purposes, until otherwise provided by 
the legislature. 

Section 6: Tiie legislature may alter, increase or diminish the num- 
ber of circuits, making them as compact and convenient as mav be, and 
Ix.unding them by county lines; but no alteration or diminution of the 
number of circuits shall have the effect to remove a judge from office. 

Section 7. For each circuit there shall be a judge chosen bv the 
qualified electors therein, who shall hold his office for the term of five 
years, and until his successor shall be chosen and qualified; and after he 



REJECTED CONSTITUTION'. 313 

shall have been elected, he shall reside in tiie circuit for whicli lie was 
elected. One of said judges shall be designated as chief justice, in such 
manner as the legislature shall provide. 

Sectiox 8. The circuit courts shall have original jurisdiction in all 
matters, civil and criminal, within this state, not otherwise e.vcepted in 
this constitution, and not hereafter prohibited by law, and appellate juris- 
diction from all inferior courts and tribunals, and a supervisory control 
over the same. They shall also liave the power to issue writs of habeas 
corpus, mandamus, injunction, quo warranto, certiorari, and all other 
writs necessary to enforce their own jurisdiction, and give thorn a gen- 
eral control over inferior courts and jurisdictions. 

Sfxtiox 9. ^V'hen a vacancy shall happen in the office of a supreme 
or circuit judge, such vacancy shall be filled by an appointment by the 
governor, which shall continue until a successor is elected and qualified; 
and when elected, such successor shall hold his otKce for a full term. 
No election for judges, or for any single judge of the supreme or circuit 
court, shall be held within thirty days of any general election for state 
or county officers. 

Section id. Each of tlie judj^es of the supreme and circuit courts 
shall receive a salary of one thousand five hundred dollars annually; 
they shall receive no fees of oflice, or other compensation than their sal- 
aries; they shall hold no otlier ollice of public trust, and all votes for 
either of them for any ofiice except that of judge of the supreme or cir- 
cuit court, given by the legislature or the people, shall be void. If any 
judge shall resign his office, he shall not be eligible or appointed to any 
office within two years after such resignation. No person shall be 
elected to the office of judge who is not a citizen of the United States, 
who shall not have attained the age of twenty-five years, and who shall 
not have re-idcd within this stxite or territory two years previous to his 
election. 

Sectiox II. The supreme court shall hold at least one term in each 
judicial circuit annually, at such times and places as shall be provided 
by law. A circuit court shall he hcUl in each county of this state, 
organized for judicial purposes, at least twice in each year. The circuit 
judges may hold courts for each other, and shall do so when required 
by law. 

Sectiox 12. Until the legislature shall otherwise provide, the circuit 
judges shall interchange circuits, and hold courts in such manner that no 
judge of either of said circuits shall hold court in any one circuit for 
more than one year in five successive years, except in case of vacancy, 
absence, or of inability or disability of one of said judges. 

Sectiox 13. There shall be a clerk of the circuit court chosen in 
each county organized for judicial purposes, by the qualified electors 
therein, who shall hold his office for two yeai"s, subject to removal, as 



314 REJECTED CONSTITUTION. 

sliall be provided by law. In case of a vacancy, the judge of the circuit 
court shall have tiie power to appoint a clerk, until the vacancy shall be 
filled bv an election. The cltrk of the circuit court shall perforin all 
the duties of the office of register of deeds. On the first Monday in 
January and July in each year, he shall make a statement under oath of 
all the fees of his office during the half year next preceding, and deposit 
such statement in the office of the county treasurer; when the fees men- 
tioned in such statement shall exceed the sum of seven hundred and 
fiftj- dollars, he shall pay seventy-five per centum of such excess into 
the county treasury. He may in all cases demand his fees in advance, 
and shall give such secm-ity as the legislature may require. The supreme 
court shall appoint its own clerks, and the clerk of a circuit court may 
be appointed a clerk of the supreme court. 

Section" 14. Any judge of the supreme or circuit court may be re- 
moved from office by address of both houses of the legislature, if two- 
thirds of all the members elected to each house concur therein ; but no 
removal shall be made by virtue of this section, unless the party com- 
plained of shall have been served with a copy of the complaint against 
him, and shall have had an opportunity of being heard in his defense. 
On the question of removal, the ayes and noes shall be entered on the 
journals. 

Section" 15. There shall be chosen in each county, by the qualified 
electors thereof, a judge of probate, who shall hold his office for two 
years, and until his successor is elected and qualified. 

Section 16. The electors of the several towns, at their annual town 
meeting, and the electors of cities and villages, at their charter elections, 
shall, in such manner as the legislature may direct, elect justices of the 
peace, w hose term of office shall be for two years, and until their suc- 
cessors in office shall be elected and qualified. They shall have civil 
and criminal jurisdiction co-exlensive with the county in which they are 
elected, in such cases as shall be prescribed by iTiw. 

Section 17. Tribunals of conciliation may be established, with such 
powers and duties as may be prescribed by law; but such tribunals shall 
have no power to render judgment to be obligatory on the parties, unless 
they agree to abide the judgment, or assent thereto in the presence of 
such tribunal. 

Section iS. The legislature shall have power to vest in clerks of 
courts, or in other competent persons, authority to grant such orders and 
do such acts as may be deemed necessary for the furtherance of the 
administration of justice; but in all cases the powers thus granted shall 
be specified and determined. 

Section 19. The style of all writs and process shall be, "The State 
of Wisconsin." All criminal prosecutions shall be carried on in the 
name and by the authority of the same; and all indictments shall con- 
clude against the peace and dignity of the state. 



REJECTED CONSTITUTION. 315 

Section 20. The legislature shall impose a tax on all civil suits com- 
menced or prosecuted in the supreme or circuit courts, which shall be 
paid into the treasury of the state, and shall constitute a fund to be 
applied toward the pavment of the salary of judges. 

Section 21. The testimony in equity cases shall be taken in like 
manner as in cases at law; and the ollicc of master in chancery shall be 
abolished. 

Section 22. Any suitor in any court of this state, shall have the 
right to prosecute or defend his suit either in his own proper person or 
by an attorney or agent of his choice. 

Section 23. A district attorney shall be elected in each county 
organized for judicial purposes, by the qualilied electors therein, whose 
duties, compensation and term of service shall be prescribed by law. 

Section 24. The legislature shall provide for tlie speedy publication 
of all statute laws, and of such judicial decisions made within this state 
as it mixy deem expedient. AH laws and judicial decisions shall be free 
for publication by any person, and no general law shall be in force until 
published. 

Section 25. The legislature, at its first session after the admission of 
this state into the Union, shall provide for the appointment of three 
commissioners, whose duty it shall be to revise, simplify and arrange 
the statute laws of this state with proposed amendments; to inquire 
into and ascertain the rules of practice, pleadings, forms and proceed- 
ings most suitable to be adopted in the courts of record in this state, and 
to report thereon to the legislature, subject to their modification and 
adoption. 

ARTICLE VIII. 

ON SUFFRAGE AND THE ELECTIVE FRANCHISE. 

Section i. All male persons of the age of twenty-one years or 
upwards, belonging to any of the four following classes, who shall have 
resided in this state for one year next preceding any election, authorized 
by this constitution, or any law, shall constitute a qualified elector at 
such election : 

1st. All white citizens of the United States. 

2d. All white persons, not citizens of the United States, who shall 
have declared their intention to become such, in conformity with the 
laws of congress for the naturalization of aliens, and shall have taken 
before any officer of this state authorized to administer oaths, and filed 
in the office of the clerk of any court of record in this state, or in 
counties where there may be no court of record, in the office of the 
clerk of the county, an oath to support tlie constitution of the United 
States and of this state. 

3d. All Indians declared to be citizens of the United States by any 
law of congress. 



J 



l6 REJECTED CONSTITUTION. 



4th. All civilized persons of Indian blood not members of any tribe 
of Indians. 

SEt-Tiox 2. Whenever congress shall dispense -with a declaration of 
intention as a requisite to naturalization, the declaration of intention 
required of the second class of electors shall be made and filed in the 
office of the clerk of any court of record in this state. 

Section 3. No elector shall be entitled to vote except in the district, 
county or township in which he shall have actually resided for ten days 
ne.vt preceding such election : Provided, that any such elector shall be 
permitted to vote anywhere in the state for state officers. 

Section 4. No person under guardianship shall be permitted to vote 
at any election. 

Section 5. x\ll votes shall be given by ballot, except for such town- 
ship officers as may by law be directed or allowed to be otherwise chosen ; 
and in all elections to be made by the legislature, the members thereof 
shall vote viva voce; and their votes shall be entered on the journal. 

Section 6. Electors shall in all cases except treason, felony, or 
breach of the peace, be privileged from arrest during their attendance at 
elections, and in going to and returning from the same. 

Section 7. No elector shall be obliged to do military duty on the 
days of election, except in time of war, actual invasion, insurrection or 
public danger; nor shall any elector on the days of election be obliged 
to attend any court, either as a suitor, witness or juror. 

Section 8. No person shall be deemed to have lost his residence in 
this state by reason of his absence on business of the United States or 
of this state. 

Section 9. No soldier, seaman, or marine, in the army or navy of 
the United States, shall be deemed a resident of this state in consequence 
of being stationed in any military or naval place within the same. 

Section 10. It shall not be lawful for any voter, directly or indirectly, 
to make any bet or wager on any election at which he shall vote, and it 
shall be the duty of the legislature to prescribe as a part of the oath to 
be taken by any voter, that he has not directly or indirectly made anv 
bet or wager on the election at which he offers his vote. 

ARTICLE IX. 

ON EDUCATION, SCHOOLS AND SCHOOL FUNDS. 

Section i. The supervision of public instruction shall be vested in 
a state superintendent, and such other officers as the legislature may 
direct. The state superintendent shall be elected or appointed in such 
manner and for such term of office as the legislature shall direct. The 
legislature shall provide for filling vacancies in the office of state sviper- 
intcndcnt, and prescribe his powers and duties. 



REJECTED CONSTITUTION. 317 

Sectiox 2. There shall be a state tund for the support of common 
schools throughout the state, the capital of \vhich shall be preserved 
inviolate. All moneys that may be granted by the United States to this 
state, and the clear proceeds of all property, real or personal, that has 
been or may be granted as aforesaid, lor educational purposes (except the 
lands heretofore granted for the purposes of a university), or for the use 
of the state, where the purposes of the grant are not specified ; and all 
moneys, and the clear proceeds of all property that may accrue to the 
state by forfeiture or escheat, shall be appropriated to and made a part 
of the capital of said fund. The interest on said fund, together \vith the 
rents on all such property, until sold, shall be inviolably appropriated to 
the support of said schools annually. Provision shall be made by law 
for an equal and equitable distribution of the income of the state school 
fund amongst the several towns, cities and districts, for the support of 
schools therein respectively, in some just ratio to the number of children 
who shall reside in the same, between the ages of five and sixteen years 
inclusive. 

Section 3. Provision shall be made by law requiring the several 
towns and cities to raise a tax on the taxable property therein, annually, 
for the support of common schools in said towns and cities respectively. 

Section 4. The legislature shall provide for a system of common 
schools, which shall be as nearly uniform as may be throughout the 
state, and the common schools shall be equally free to all children, and 
no sectarian instruction be used or permitted in any common school in 
this state. 

Section 5. The legislature shall provide for the establishment of 
libraries, one at least in each town and city; and the money which shall 
be paid as an equivalent for exemption from military duty, and the clear 
proceeds of all fines assessed in the several counties for any breach 
of the penal law shall be exclusively ajiplicd to the support of such 
libraries. 

ARTICLE X. 

ON BANKS AND HANKING. 

Section i. There shall be no bank of issue within this state. 

Section 2. The legislature shall not have power to authorize or in- 
corporate, by any general or special law, any bank or otlier institution 
having any banking power or privilege, or to confer upon any corpora- 
tion, institution, person or persons any banking power or privilege. 

Section 3, It shall not be lawful for any corporation, institution, 
person or persons, within this state, under any pretense or authoritv, to 
make or issue any paper money, note, bill, certificate, or other evidence 
of debt whatever, intended to circulate as money. 

Section 4. It shall not be lawful for any corporation within this 
state, under any pretense or authority, to exercise the business of receiv- 



^iS REJECTED CONSTITUTIOX. 

ing deposits of money, making discounts or buying or selling bills of 
exchange, or to do any other banking business whatever. 

Section 5. No branch or agency of any bank or banking institution 
of the United States, or of any state or territory within or without the 
United States, shall be established or maintained within this state. 

Section 6. It shall not be lawful to circulate within this state after 
the year one thousand eight hundred and forty-seven, any paper money, 
note, bill, certificate, or other evidence of debt whatever, intended to cir- 
culate as money, issued without this state, of any denomination less than 
ten dollars, or after the year one thousand eight hundred and forty-nine, 
of any denomination less than twenty dollars. 

Section 7. The legislature shall at its first session after the adoption 
of this constitution, and from time to time thereafter, as may be neces- 
sary, enact adequate penalties for the punishment of all violations and 
evasions of the provisions of this article. 

ARTICLE XI. 
ON internal improvements. 

Section i. This state shall encourage internal improvements by 
individuals, associations and corporations, but shall not carry on, or be a 
partv in carrying on, any work of internal improvement, except in cases 
authorized by the second section ot this article. 

Section 2. When grants of land or other property shall have been 
made to the state, especially dedicated by the grant to particular works 
of internal improvement, the state may carry on such particular works, 
and shall devote thereto the avails of such grants so dedicated thereto; 
but shall in no case pledge the faith or credit of the state, or incur any 
debt or liability for such work of internal improvement. 

Section 3. All lands which shall come to the state by forfeiture or 
escheat, or by grant, where the grant does not specially dedicate the 
same to any other object, shall be held by the state as a part of the state 
school fund, under the same trusts, reservations and restrictions as are 
provided in this constitution in regard to school lands proper. 

ARTICLE XII, 
on t.\xation, finance, and public debt. 

Section i. All taxes to be levied in this state, at any time, shall be 
as nearly equal as may be. 

Section 2. No money shall ever be paid out of the treasury of tiiis 
stite, except in pursuance of an appropriation by law. 

Sicction 3. Tlie credit of the state shall never be given or loaned in 
aid of any individual, association or corporation. 



REJECTED CONSTITUTION*. 319 

Sf.ctiox 4. There shall be published b_v the treasurer, in at least one 
newspaper printed at the seat of government, during the first week in 
January in each year, and in the next volutne of the acts of the legisla- 
ture, a detailed statement of all moneys drawn from the treasury during 
the preceding 3'ear, for what pinposcs and to whom paid, and by what 
law authorized. 

Section 5. There shall never be issued by, or in any way on behalf 
of the state, any scrip, or other evidence of state debt, except in the cases 
and manner authorized in the eighth, ninth and tenth sections of this 
article. 

Section 6. This state shall never contract any public debt, unless in 
time of war, to repel invasion, or suppress insurrection, except in the 
cases and manner provided in the eighth, ninth and tenth sections of this 
article. 

Section 7. The legislature shall provide for an annual tax sufficient 
to defray the estimated expenses for each year; and whenever it shall 
happen that the expenses of the state for any year shall exceed the in- 
come of the state for such year, the legislature shall provide for levying 
a tax for the ensuing year, sufficient with other sources of income, to 
pay the deficiency of the preceding year, together with the estimated 
expenses of such ensuing year. 

Section S. For the purpose of defraying extraordinary expenditures, 
the state may contract public debts; but such debts shall never, singlv, 
or in the aggregate, exceed one hundred thousand dollars. Every such 
debt shall be authorized by law, for some single work or object to be 
distinctly specified therein; and no such law shall take effect until it 
shall have been passed by the vote of two-thirds of the members of each 
house, to be recorded by yeas and nays on the journals of each house 
respectively ; and every such law shall levy an annual tax sufficient to 
pay the annual interest of such debt, and also a tax sufficient to pay the 
principal of such debt within five years from the final passage of such 
law, and shall specially appropriate the proceeds of such taxes to the 
payment of such principal and interest; and such appropriation shall 
not be repealed, and such taxes shall not be repealed, postponed or 
diminished until the principal and interest of such debt shall have been 
Avholly paid. 

Section 9. All debts authorized by the preceding section shall be 
contracted by loan on slate bonds, of amounts not less than five hundred 
dollars each, on interest, payable within five years after the final passage 
of the law authorizing such debt, and such bonds shall not be sold for 
less than par. A correct registry of all such bonds shall be kept by the 
treasiu-er in numerical order, so as always to exhibit the number and 
amoimt issued, the number and amount unpaid, and to whom severally 
made payable. 



020 REJECTED CONSTITUTION. 

Section io. On the final passage, in tilher house of the legislature, 
of any law which imposes, continues or renews a tax, or creates a debt 
or charge, or makes, continues or renews an appropriation of public or 
trust money, or releases, discharges or commutes a claim or demand of 
the state, the question shall be taken by yeas and nays, which shall be 
duly entered on the journals; and three-fifths of all the members elected 
to each house shall in all such cases be required to constitute a quorum 
therein. 

Sectiox II. The money arising from any loan made, or debt or 
liability contracted, shall be applied to the work or object specified in the 
act authorizing such debt or liability, or to the repayment of such debt 
or liability, and to no other purpose whatever. 

ARTICLE XIII. 

ON THE MILITIA. 

Section i. The militia of this state shall consist of all free, able- 
bodied male persons (negroes and mulattoes excepted), resident in the 
said state, between the ages of eighteen and forty-five years; except such 
persons as now are, or hereafter may be, exempted by the laws of the 
United States, or of this state; and they shall be armed, equipped, organ- 
ized and disciplined in such manner and at such times as may be dn-ected 
by law. Those who conscientiously scruple to bear arms shall not be 
compelled to do so, but shall pay an equivalent for personal service. 

Section 2. The militia of this state shall be divided into convenient 
divisions, brigades, regiments, battalions and companies, with officers of 
corresponding titles and rank to command them, conforming as nearly 
as practicable to the general regulations of the army of the United 
States. 

Section 3. Captains and subalterns in the militia, field officers of 
regiments, brigade inspectors, brigadier generals and major generals, 
shall be elected or appointed in such manner as shall hereafter be pro- 
vided by law. 

Section 4. The governor shall appoint the adjutant general and 
other members of his staff". Major generals, brigadier generals and com- 
manders of regiments and separate battalions, shall respectively appoint 
their own staff". All staff' officers may continue in office during good 
behavior, and shall be subject to be removed by the superior olficer from 
whom they respectively receive their appointment. 

Section 5. All military officers shall be commissioned by the gov- 
ernor. 

Section 6. The militia, as divided into divisions, brigades, regiments, 
battalions and companies, pursuant to tiie laws now in force, shall re- 
main so organized until the same shall be altered or regulated by the 
legislature. 



REJECTED CONSTITUTION. 32 1 

ARTICLE XIV. 

ox THE RIGHTS OF MARRIED WOMEN", AND OX EXEMPTIONS FROM 
FORCED SALE. 

Section i. All property, real and personal, of the wife, owned bv her 
at the time of her marriage, and also that acquired by her after marriage, 
by gift, devise, descent or otherwise than from her husband, shall be her 
separate property. Laws shall be passed providing for the registry of 
the wife's property, and more clearly defining the rights of the wife 
thereto, as well as to property held by her with her husband, and for car- 
rying out the provisions of this section. Where the wife has a separate 
property from that of the husband, the same shall be liable for the debts 
of the wife contracted before marriage. 

Section 2. Forty acres of land, to be selected by the owner thereof, 
or the homestead of a family not exceeding forty acres, which said land 
or homestead shall not be included within any city or village, and shall 
not exceed in value one thousand dollars, or instead thereof (at the option 
of the owner) any lot or lots in any city or village, being the homestead 
of a family and not exceeding in value one thousand dollars, owned and 
occupied by any resident of this state, shall not be subject to forced sale 
on execution, for an}^ debt or debts growing out of or founded upon con- 
tract, either express or implied, made after the adoption of this constitu- 
tion: Pro-'idrd, That such exemption shall not affect in any manner 
anv mechanic's or laborer's lien or any mortgage thereon, lawfully ob- 
tained, nor shall the owner, if a married man, be at liberty to alienate 
such real estate unless by consent of the wife. 

ARTICLE XV. 

ON EMINENT DOMAIN AND PROPERTY OF THE STATE. 

Section i. The state shall have concurrent jurisdiction on the river 
Mississippi, and on every other river and lake bordering on the said 
state, so far as the said river or lake shall form a common boundary to 
the said state, and any other state or states, territory or territories, now 
or hereafter to be formed and bounded by the same. And the said river 
Mississippi, and the navigable waters leading into the Mississippi and 
St. Lawrence, and the carrying places between the same, shall be com- 
mon highwavs, and forever free as well to the inhabitants of this state, 
as to the citizens of the United States, without any tax, impost, or duty 
therefor. Xo law shall be passed to take away or abridge the rights of 
owners to the riparian soil or land imder water, unless in the same law 
provision is made for full compensation to such riparian owners. 

Section 2. All lands and other property which have accrued to the 
21 



322 REJECTED CONSTITUTION. 

territory of Wisconsin, by grant, gift, purchase, forfeiture, escheat or 
otherwise, shall vest in the state of Wisconsin. 

Sectiox 3. The people of this state, in their right of sovereignty, are 
declared to possess the ultimate property in and to all lands within the 
jurisdiction of this state; and all lands, the title to which shall fail from 
a defect of heirs, shall revert or escheat to the people. 

ARTICLE XVI. 

BILL OF RIGHTS. 

Section i. All men are born equally free and independent; all power 
is inherent in, and all government of right originates with, the people, is 
founded in their authority, and instituted for their peace, safety and hap- 
piness. 

Section 2. There shall be neither slavery nor involuntary servitude 
in this state, otherwise than for the punishment of crime, whereof the 
party shall have been duly convicted. 

Section 3. Every person may freely speak, write and publish his 
sentiments on all subjects, being responsible for the abuse of that right, 
and no laws shall be passed to restrain or abridge the liberty of speech 
or of the press. In all prosecutions or indictments for libel, the truth mav 
be given in evidence to the jury; and if it shall appear to the jury that 
the matter charged as libelous be true, and was published with good mo- 
tives and for jvistifiable ends, the party shall be acquitted; and the jury 
shall have the right to determine the law and the fact. 

Section 4. The people shall at all times have the right, in a peace- 
able manner, to assemble together to consult for the common good. 

Section 5. No words spoken in debate in either house of the legis- 
lature shall be the foundation of any action, comjilamt or prosecution 
whatever. 

Section 6. The trial by jury in all suits at law shall be preserved, 
but a jury trial may be waived by the parties in all civil cases, in the 
manner prescribed by law. 

Section 7. No law shall be passed granting any divorce, otherwise 
than by due judicial proceedings. 

Section S. Excessive bail shall not be required; excessive fines shall 
not be imposed; and cruel and unjust punishment shall not be inflicted. 

Section 9. In all criminal prosecutions, the accused shall have the 
right to a speedy and public trial by an impartial jury of the vicinage; 
to be confronted with the witnesses against him; to have compulsory 
process for obtaining witnesses in his favor, and to have the assistance of 
counsel for his defense. 

Section 10. No person shall be held to answer for a capital or other- 
wise infamous crime unless on presentment or indictment of a grand 



REJECTED CONSTITUTION. 323 

jury, and no person for the same oflcnsc shall be twice ]>ut in jeopardy 
of punishment; nor shall be compelled, in any criminal case, to be a 
■witness against himself; all persons shall, before conviction, be bailable 
by sufficient sureties, except for capital offenses, when the proof is evi- 
dent or the presumption great; and the privilege of the writ of habeas 
corpus shall not be suspended unless when, in cases of rebellion or inva- 
sion, the public safety may require it. 

Section ii. Treason against the state shall consist only in levying 
war against the same, or in adhering to its enemies, giving them aid ami 
comfort. No person shall be convicted of treason, unless on the testi- 
mony of two witnesses to the same overt act, or on confession in open 
court. 

Section 12. The right of the people to be secure in their persons, 
houses, papers and effects, against unreasonable searches and seizures, 
shall not be violated, and no warrants to search any place or seize any 
person or thing shall issue without describing them as near as may be; 
nor without probable cause, supported by oath or affirmation. 

Section 13. No bill of attainder, ex post facto law, nor any law im- 
pairing the validity of contracts, shall ever Be passed, and no conviction 
shall work corruption of blood or forfeiture of estate. 

Section 14. The property of no person shall be taken for public use 
without just compensation therefor. 

Section 15. Foreigners w^ho are or may hereafter become residents 
of this state, shall enjoy the same rights in respect to the possession, 
enjoyment and descent of property as native born citizens. 

Section 16. No person shall be imprisoned for debt in this state. 

Section 17. No religious tests shall ever be required as a qualifica- 
tion for any office of trust, and no person shall be deprived of any of 
his rights, privileges or capacities, or disqualified from the performance 
of any of his public or private duties, or rendered incompetent to give 
evidence in any court of law or equity, in consequence of his opinions 
on the subject of religion. The free exercise and enjoyment of religious 
profession and worship, without discriiriination or preference, shall for- 
ever be allowed to allowed in this state to all mankind. 

Section iS. The military shall be kept under strict subordination to 
the civil power. 

Section 19. The legislature shall make no law respecting the estab- 
lishment of religion, nor shall any person be compelled to attend any 
place of worship, pay tithes, taxes or other rates, tor building or repair- 
ing places of worship, or for the maintenance of any minister or 
niinistry. 

Section 20. Writs of error shall never be prohibited bv law. 

Section 21. No money shall be drawn from the treasurv for the 
benefit of religious societies, or theological or religious seminaries. 



-^24 REJECTED CONSTITUTION. 

ARTICLE XVII. 

MISCELLANEOUS PROVISIOXS. 

Section i. All leases or grants of agricultural land for a longer 
period than twenty years, hereafter made, in which rent or service of any 
kind shall be reserved, shall be void. 

Section 2. The political year for the state of Wisconsin shall com- 
mence on the first day in January in each year. 

Section 3. Any inhabitant of this state who may hereafter be en- 
gaged, either directly or indirectly, in a duel, either as principal or acces- 
sory, shall forever be disqualified from holding any office under the 
constitution and laws of this state, and may be punished in such other 
manner as shall be prescribed by law. 

Section 4. No member of congress, nor any person holding any 
office of profit or trust under the United States (postmasters excepted), 
nor under any other state of the Union, or under any foreign power; no 
person convicted of any infamous crime in any court within the United 
States, and no person being a defaulter to the United States, or to this 
state, or to any town or county therein, or to any state or territory within 
the United States, shall be eligible to any office of trust, profit or honor 
in this state. 

Section 5. No person being elected or appointed to the office of 
governor, lieutenant governor, senator, or representative in the legis- 
lature, or judge of the supreme or circuit courts, shall be eligible during 
his term of office to any other office of trust, profit or honor in this state. 

Section 6. Every person elected or appointed "to the office of gov- 
ernor, lieutenant governor, secretary of state, treasurer, attorney general, 
senator, or representative in the legislature, or judge of the supreme or 
circuit courts, shall be required to declare in his oath of office, before he 
shall assume his office, that he will not, during the term for which he is 
elected or appointed to such office, accept the office of senator or repre- 
sentative in congress. 

ARTICLE XVIII. 

ON AMENDMENTS AND REVISION. 

Section i. Anv amendment or amendments to this constitution 
may be proposed in either house of the legislature, and if the same shall 
be agreed to by two- thirds of the members elected to each of the two 
houses, such proposed amendment or amendments shall be entered on 
their journal, with the yeas and nays taken thereon, and shall be pub- 
lished for three months previous to the next annual election, in such 
manner as the legislature shall prescribe; and if the people shall approve 
and ratify such amendment or amendments by a majority of the quali- 



REJECTED CON'STITUTIOX. 325 

fied electors voting thereon, such amendment or amendments shall 
become a part of the constitution : Provided, that if more tiian one 
amendment be submitted, they sliall be submitted in such manner that 
the people may vote for or against such amendment separately and dis- 
tinctly. 

Section 2. Every tenth year after this constitution shall have taken 
effect, it shall be the duty of the legislature to submit to the people at 
the next annual election, the question whether they are in favor of call- 
ing a convention to revise the constitution or not; and if a majority of 
the qualified electors voting thereon shall have voted in favor of a con- 
vention, the legislature shall, at its next session, provide by law for hold- 
ing a convention, to be holden within six months thereafter; and such 
convention shall consist of a number of members not less than that of 
the house of representatives, nor more than that of both houses of the 
legislature. 

ARTICLE XIX. 

SCHEDULE. 

Section i. That no inconvenience may arise from a change of terri- 
torial to a permanent state government, it is declared that all rights, 
actions, prosecutions, judgments, claims and contracts, as well of indi- 
viduals as of bodies corporate, shall continue as if no such change had 
taken place, and all processes which may be issued under the authority 
of the territory of Wisconsin, previous to its admission into the Union 
of the United States, shall be valid, as if issued in the name of the state. 

Section 2. All laws now in force in the territory of Wisconsin, 
which are not repugnant to this constitution, shall remain in force until 
they expire by their own limitations, or be altered or repealed by the 
legislature. . 

Section 3. All fines, penalties or forfeitures accruing to the territory 
of Wisconsin shall enure to the use of the state. 

Section 4. All recognizances heretofore taken, or which may be 
taken before the ciiange of territorial to a permanent state government, 
shall remain valid, and shall pass over to, and may be prosecuted in, the 
name of the state; and all bonds executed to the governor of the terri- 
torv, or any other otTicer or court, in his or their official capacity, shall 
pass over to the governor or state authority, and their successors in office, 
for the uses therein respectively expressed, and may be sued for and 
recovered accordingly; and all the estate or property, real, personal or 
mixed, and all judgments, bonds, specialties, choses in action, and claims 
or debts of whatsoever description, of the territory of Wisconsin, shall 
enure to and vest in the state of Wisconsin, and may be sued for and 
recovered in the same manner, and to the same extent by the state of 
Wisconsin, as the same could have been done by the territory of Wis- 



326 REJECTED CONSTITUTION. 

consin. All criminal prosecutions and penal actions, which may have 
arisen, or vhich may arise before the change from a territorial to a state 
government, and which shall then be pending, shall be prosecuted to 
judgment and execution in the name of the state. All actions at law 
and suits in equity which may be pending in any of the courts of the 
territory of Wisconsin at the time of the change from a territorial to a 
state government, shall be continued and transferred to any court of the 
state which shall have jurisdiction of the subject matter thereof. 

Section 5. All officers, civil and military, now holding their offices 
under the authority of the United States, or of the territory of Wiscon- 
sin, shall continue to hold and exercise their respective offices until they 
shall be superseded under the authority of the state. 

Section 6. The first session of the legislature of the state of Wis- 
consin shall commence on the first Monday of November next, and shall 
be held at the village of Madison, which shall be and remain the seat of 
government until otherwise provided for by law. 

Section 7. All county and township officers shall continue to hold 
their respective officers, unless removed by the competent authority, 
until the legislature shall, in conformity to the provisions of this consti- 
tution, provide for the holding of elections to fill such offices respectivelv. 

Section S. The president of this convention shall, immediately after 
its adjournment, cause a fair copy of this constitution, together with a 
copy of the act of the legislature of this territory, entitled " An act in 
relation to the formation of a state government in Wisconsin," approved 
January 31, 1846, providing for the calling of this convention, and also a 
copy of so much of the last census of this territory as exhibits the num- 
ber of its inhabitants, to be forwarded to the president of the United 
States, with the request of this convention in behalf of the people of 
Wisconsin, that all said matters may be by him laid before the congress 
of the United States at its present session. 

Section 9. This constitution shall be submitted, at an election to be 
held on the first Tuesday in April next, for ratification or rejection, to all 
persons who shall then have the qualifications of electors for delegates 
to this convention; and all persons having such qualifications at the 
time last aforesaid, shall be entitled to vote for or against the adoption 
of this constitution, and for all officers to be elected under it. And if 
the constitution be ratified by the said electors, it shall become the con- 
stitution of the state of Wisconsin. On such of the ballots as are for 
the constitution shall be written or printed the word "yes," and on those 
which are against the ratification of the constitution, the word " no." 
The election shall be conducted in the manner now prescribed by law, 
and the returns made by the clerks of the boards of supervisors or 
county commissioners (as the case ma^' be), to the governor of the ter- 
ritory, at any time before the tenth day of May next. And in the event 
of tlic ratificalion of this constitution by a majority of all the votes 



REJECTED CONSTITUTION. 327 

given, it shall be the duty of the governor of this territory to make 
proclamation of the same, and to communicate a digest of the returns 
to the senate and house of representatives of the state, on the first dav 
of their session. The governor shall also issue writs to the proper 
authorities in the several counties, requiring them to cause an election 
to be held on the first Monday in September next, for governor, lieuten- 
ant governor, secretary of state, treasurer, attorney general, members of 
the state legislature, and for all ofiicors who arc elective under this con- 
stitution except judges. 

Section 10. Two members of congress shall also be elected on the 
first Monday in September next; and until the first enumeration and 
apportionment shall be made as directed by this constitution, the coun- 
ties of Brown, ^lanitowoc, Calumet, Fond du Lac, Sheboygan, Wash- 
ington, Milwaukee, Waukesha, Racine and Walworth, shall constitute 
the first congressional district, and elect one member; and the counties 
of Marquette, Winnebago, Columbia, Portage, Sauk, Dodge, Jefi'erson, 
Dane, Rock, Green, Iowa, Grant, Richland, Crawford, Chippewa, St. 
Croix and La Pointe, shall constitute the second congressional district, 
and shall elect one member. 

Section ii. The first election of judges of the supreme and circuit 
courts shall be held on the second Monday of June next, and the governor 
of the territory shall, by the fifteenth day of May next, issue writs to the 
proper authorities in the several counties and districts, requiring such 
election to be held on the day aforesaid, in their respective counties and 
districts. 

Section 12. The several elections provided for in this article shall 
be conducted according to the existing laws of the territory, and the re- 
turns (except for township and county officers) shall be certified and 
transmitted to the speaker of the house of representatives, at the seat of 
government, in such time that they may be received on the first Monday 
of November next; and as soon as the legislature shall be organized, the 
speaker of the house of representatives and the president of the senate 
shall, in the presence of both houses, examine the returns, and declare 
who are dulv elected to fill the several ofiices hereinbeibre mentioned. 

Section 13. All persons, to be eligible to any office in this state, 
shall have the qualifications of electors, as specified in the article on 
suffrage and the elective franchise. 

Section 14. Such parts of the common laws as have heretofore been 
in use in the territory of Wisconsin, not inconsistent with this constitu- 
tion, and the statute laws which may be in force, shall be and continue 
part of the law of this state until altered or suspended by the legislature. 

Section 15. The governor, lieutenant governor, and other state 
officers first elected under this constitution, shall enter upon the duties 
of their respective offices on the first Monday' of November next, and 
fehall continue in office for two years from tJie first day of January fol- 



328 REJECTED CONSTITUTION. 

lowing; and the judges elected under this constitution shall enter upon 
the duties of their offices on the first day of January after such election, 
and their terms of office shall be for five years after said first day of 
January. And the governor and other territorial officers Avhose places 
are supplied by the election under this constitution, shall continue in 
office until their successors are qualified and enter upon the duties of 
their office as before stated. 

Section 16. The oaths of office may be administered by any judge 
or justice of the peace, until the legislature shall otherwise direct. 

RESOLUTIONS. 

Resolved, That the legislature shall, at its first session, pass an act for- 
ever refusing the assent of this state to the provisions of an act of con- 
gress, entitled " An act to grant a quantity of land to the territory of 
Wisconsin for the purpose of aiding in opening a canal to connect the 
waters of Lake Michigan with those of Rock river," approved the 
eighteenth day of June, eighteen hundred and thirty-eight, and refusing 
the grant therein made, and refusing to assume the trusts thereby 
created. 

Resolved, That the congress of the United States be and is hereby 
requested, upon the admission of this state into the Union, so to alter 
the provisions of the said act of congress, approved June eighteenth, 
eighteen hundred and thirty-eight, and so to alter the terms and condi- 
tions of the grant made therein, that the odd numbered sections thereby 
granted, and the proceeds of so much thereof as shall have been sold by 
the territor\- of Wisconsin, may be held and disposed of by the state as 
part of the five hundred thousand acres of land to which the state is 
entitled by the provisions of an act of congress, entitled " An act to ap- 
propriate the proceeds of the sales of the public lands, and to grant pre- 
emption rights," approved the fourth day of September, eighteen 
hundred and forty-one; that the even numbered sections reserved by 
congress may be offered for sale by the United States, for the same min- 
imum price, and subject to the same rights of pre-emption as other public 
lands of the United States. 

Resolved, That in case the said odd numbered sections shall be ceded 
to the state as aforesaid, the same shall be sold by the state in the same 
manner, at the same minimum price, and subject to the same right of 
pre-emption to occupants, as the public lands of the United States are 
now sold, and the excess in price over and above one dollar and twenty- 
five cents per acre, absolutely or conditionally contracted to be paid by the 
purchasers of any part of said sections which shall have been sold by the 
territory of Wisconsin, shall be remitted to sucli purchasers, then- repre- 
sentatives or assigns. 

Resolved, That congress be requested, upon the admission of this state 



REJECTED CONSTITUTION'. 



329 



into the Union, to pass an act whereby the grant of five hundred thou- 
sand acres of land, to wliich this state is entitled by the provisions of 
an act of congress, entitled " An act to appropriate the proceeds of the 
sales of the public lands, and to grant pre-emption rights," approved 
the fourth day of September,- eighteen hundred and forty-one, and also 
the five per centum of the net proceeds of the public lands lying within 
this state, to which this state shall become entitled on her admission 
into the Union, by the provisions of an act of congress, entitled " An 
act to enable the people of Wisconsin territory to form a constitution 
and state government, and for the admission of such state into the 
Union," approved the sixth day of August, eighteen hundred and forty- 
six, shall be granted to this state for the use of schools, instead of the 
purposes mentioned in that Ixihalf in the said acts of congress re- 
spectively. 

It( solved. That the foregoing resolutions be appended to and signed 
with the constitution of this state, and submitted therewith to the people 
of this territory, and to the congress of the United States. 

D. A. J. UPHAM, President of the Convention. 
La Fayette Kellogg, Secretary. 

LA FAYETTE HILL, 
BEN7AMIN GRANGER, 
JOSLVII TOPPING, 
N. E. WIIITESIDES, 
JOSEPH BOWKER, 
JOHN W. BOYD, 
STODDARD JUDD, 
GEORGE B. HALL, 
LYMAN II. SEAVER, 
NATHANIEL F. HYER. 



J. Y. SMITH, 
ANDREW E. ELMORE, 
ASA KINNEY, 
E. G. RYAN, 
A. HYATT SMITH, 
FREDERICK S. LOVELI 
C. II. PARSONS, 
STEPHEN O. BENNETT, 
DANIEL HARKINS, 
C. M. BAKER, 



GARRITT.^ M. FITZGERALD, JAMES CHAMBERLAIN, 



JAMES B. CARTER, 
NATHANIEL DICKINSON, 
JOHN M. BABCOCK, 
FRANCIS HUEBSCHMANN, 
HORACE CHASE, 
W. W. GRAHAM, 
JOHN COOPER, 
WILLIAM R. IIESK, 
PITTS ELLI.S. 
JOSEPH KINNEY, 
BENJAMIN FULLER, 
THOMAS JAMES, 
HENRY C. GOODRICH, 
HIRAM BARBER, 



FRANKLIN Z. HICKS, 
DAYID L. MILLS, 
JAMES MAGONE, 
JOHN II. MANAHAN, 
]. R. VINEYARD, 
P. A. R. BRACE, 
DAVID NOGGLE, 
HIRAM BROWN, 
JAMES M. MOORE, 
JOEL F. WILSON, 
HOPEWELL COX, 
PATRICK TOLAND, 
JOHN CRAWFORD, 
GARRETT VLIET, 



REJECTED CONSTITUTION. 



\VM. M. DENNIS, 
NOAH PHELPS, 
DAVIS BOWEN, 
ISRAEL INMAN, Jr., 
CHARLES E. BROWNE, 
EDWARD H. JANSSEN, 
PATRICK ROGAN, 
GEORGE HYER, 
ELIHU L. ATWOOD, 
AARON RANKIN, 
SAMUEL T. CLOTHIER, 
SALMOUS WAKELEY, 
JAMES P. HAYES, 
LORENZO BEVANS, 
GEORGE B. SMITH, 
HORACE D. PATCH, 
EVANDER M. SOPER, 
WM. BELL. 



SANFORD P. HAMMOND, 
SEWELL SMITH, 
WILLIAM HOLLENBECK, 
BOSTWICK O'CONNOR, 
EDWARD COUMBE, 
JOSEPH S. PIERCE, 
S. W. BEALL, 
WM. R. SMITH, 
MOSES MEEKER, 
WM. H. CLARK, 
LEMUEL GOODELL, 
W^^RREN CHASE, 
JEREMIAH DRAKE, 
ANDREW BURNSIDE, 
JAMES DUANE DOTY, 
WM. C. GREEN, 
JOSHUA L. WHITE. 



RESOLUTION". 33 1 



RESOLUTION. 



The following resolution was adopted by the convention 
of 1846, and sul:)mittcd to a vote of the people on the 6th 
day of April, 1S47 — the same time the first constitution 
was submitted — and was rejected by a vote: For the 
resolution, 75564; against the resolution, 14,615. 

ON COLORED SUFFRAGE. 

Resolved, That at tlie same time when the votes of the electors shall 
be taken for the adoption or rejection of this constitution, an additional 
section in the following words, viz: "All male citizens of African 
blood, possessing the qualifications required by the first section of the 
article on ' Suffrage and the elective franchise,' shall have the right to 
vote for all officers, and be eligible to all offices that now are or hereafter 
may be elective by the people after the adoption of this constitution," 
shall be submitted to the electors of this state for adoption or rejection 
in the form following, to wit: A separate ballot may be given by every 
person having the right to vote for the adoption of this constitution, to be 
deposited in a separate box. Upon the ballots given for the adoption of 
said separate amendment, shall be written or printed, or partly written 
and partly printed, the words, " Equal suflrage to colored persons. Yes," 
and upon the ballots given against tlie adoption of said separate amend- 
ment, in like manner, the words, " Equal suftrage to colored persons. 
No," and on such ballots shall be written or printed, or partly written and 
partly printed, the words, " Constitution suftrage," in such manner that 
such words shall appear on the outside of such ballot when folded. If, 
at the said election, a majority of all the votes given for and against the 
said separate amendment shall coptain the words, " Equal suftrage to 
colored persons. Yes," then the said separate amendment, after the adop- 
tion of this constitution, shall be a separate section of article of 

this constitution, in full force and eftect, anything contained in the con- 
stitution to the contrary notwithstanding. 

D. A. J. UPIIAM, President. 
La Fayette Kellogg, Secretary. 



332 RATIFIED CONSTITUTIOX. 



RATIFIED CONSTITUTION. 



The following is a full cop}' of the constitution for the 
state of Wisconsin, as adopted by the convention at Mad- 
ison, February i, 1848, and which was ratified by the peo- 
ple at an election held on the second Monday in March of 
that year by a vote: For constitution, 16,799; ^^g^^i^st the 
constitution, 6,384. 



PREAMBLE, 



Wc, the people of Wisconsin, grateful to Almighty God for our freedom, 
in order to secure its blessings, form a more perfect government, insure 
domestic tranquility, and promote the general welfare, do establish 
this constitution. 

ARTICLE I. 

DECLARATION OF RIGHTS. 

Section i. All men are born equally free and independent, and have 
certain inherent rights; among these are life, liberty, and the pursuit of 
happiness. To secure these rights, governments are instituted among 
men, deriving their just powers from the consent of the governed. 

Section 2. There shall be neither slavery nor involuntary servitude 
in this state, otherwise than for the piuiisiiment of crime, whereof tiie 
I^arty shall have been duly convicted. 

Section 3. Every person may freely speak, write and publish his • 
sentiments on all subjects, being responsible for the abuse of that right, 
and no laws shall be passed to restrain or abridge the liberty of speech 
or of the press. In all criminal prosecutions, or indictments for libel, the 
truth may be given in evidence, and if it shall appear to the jury that 
the matter charged as libelous be true, and was published with good 
motives and for justifiable ends, the party shall be acquitted; and the 
jury shall have the right to determine the law and the fact. 

Section 4. The right of the people peaceably to assemble, to consult 



RATIFIED CONSTITUTION. 333 

for the common good, to pL-tition the government, or any department 
thereof, shall never be abridged. 

Section 5. The right of trial In- jury shall remain inviolate; and 
shall extend to all cases at law, without regard to the amount in contro- 
versy; but a jury trial may be waived by the parties in all cases, in the 
manner prescribed by law. 

Section 6. Excessive bail shall not be required, nor shall excessive 
fines be imposed, nor cruel and unusual jiunishments intiicted. 

Section 7. In all criminal prosecutions, the accused shall enjoy the 
right to be heard by himself and counsel; to demand the nature and cause 
of the accusation against him ; to meet the witnesses face to face; to have 
compulsory process to compel the attendance of witnesses in his behalf; 
and in prosecutions by indictment or information, to a speedy public trial 
bv an impartial jury of the county or district wherein the offense shall 
have been committed, which county or district shall have been previously 
ascertained by law. 

Section 8. No person shall be held to answer for a criminal offense, 
unless on the presentment or indictment of a grand jury, except in cases 
of impeachment, or in cases cognizable by justices of the peace, or 
arising in the army or navy, or in the militia when in actual service in 
time of war or public danger; and no person for the same offense shall 
be put twice in jeopardy of punishment, nor shall be compelled in any 
criminal case to be a witness against himself. All persons shall, before 
conviction, be bailable by sulficient sureties, except for capital oflenses, 
when the proof is evident or the presumption great; and the privilege 
of the writ of habeas corpus shall not be suspended, unless when, in cases 
of rebellion or invasion, the public safety may require. 

Section 9. Every person is entitled to a certain remedy in the laws, 
for all injuries or wrongs which he may receive in his jierson, property 
or character; he ought to obtain justice freely, and without being obliged 
to purchase it; completely and without denial, promptly and without 
delay, conformably to the laws. 

Section 10. Treason against the state shall consist only in levying 
war against the same, or in adhering to its enemies, giving them aid 
and comfort. No person shall be convicted of treason, unless on tiie 
testimony of two witnesses to the same overt act, or on confession in 
open court. 

Section ii. The right of the people to be secure in their persons, 
houses, papers and effects, against unreasonable searciies and seizures, 
shall not be violated, and no warrant shall issue but upon probable 
cause, supported by oath or affirmation, and particularly describing the 
place to be searched, and the persons or things to be seized. 

Section 12. No bill of attainder, ex post facto law, nor any law im- 
pairing the obligation of contracts, shall ever be passed, and no convic- 
tion shall work corruption of blood or forfeiture of estate. 



334 RATIFIED CONSTITUTION. 

Section* 13. The property of no person shall be taken for public use 
■without just compensation therefor. 

Sectiox 14. All lands within the state are declared to be allodial, and 
feudal tenures are prohibited. Leases and grants of agricultural land, 
for a longer term than fifteen years, in which rent or service of any kind 
shall be reserved, and all fines and like restraints upon alienation, re- 
served in any grant of land hereafter made, are declared to be void. 

Section 15. No distinction shall ever be made by law between resi- 
dent aliens and citizens, in reference to the possession, enjoyment or 
descent of property. 

Section 16. No person shall be imprisoned for debt arising out of or 
founded on a contract, express or implied. 

Section 17. The privilege of the debtor to enjoy the necessary com- 
forts of life, shall be recognized by wholesome laws, exempting a rea- 
sonable amoun'. of property from seizure or sale for the payment of any 
debt or liability hereafter contracted. 

Section iS. The right of every man to worship Almighty God 
according to the dictates of his own conscience shall never be infringed; 
nor shall any man be compelled to attend, erect or support any place of 
worship, or to maintain any ministry, against his consent. Nor shall 
any control of, or interference with, the rights of conscience be permit- 
ted, or any preference be given by law to any religious establishments, 
or modes of worship. Nor shall any money be drawn from the treasury 
for the benefit of religious societies, or religious or theological seminaries. 

Section 19. No religious tests shall ever be required as a qualifica- 
tion for any office of public trust under the state, and no person shall be 
rendered incompetent to give evidence in any court of law or equity, in 
consequence of his opinions on the subject of religion. 

Section 20. The military shall be in strict subordination to the civil 
power. \ 

Section 21. Writs of error shall never be prohibited by law. 

Section 22. The blessings of a free government can only be main- 
tained by a firm adherence to justice, moderation, temperance, frugality 
and virtue, and by frequent recurrence to fundamental principles. 



ARTICLE IL 

BOUNDARIES. 

Section i. It is hereby ordained and declared that the state of Wis- 
consin doth consent and accept of the boundaries prescribed in the act of 
congress entitled "An act to enable the people of Wisconsin territory to 
form a constitution and state government, and for the admission of such 
state into the Union," approved August sixth, one thousand eight huh- 
drcd and forty-six, to wit: Beginning at the northeast corner of the 



RATIFIED CONSTITUTION. 335 

state of Illinois, that is to say, at a point in the center of Lake Michigan, 
wliere the hne of forty-two degrees and thirty minutes of north latitude 
crosses the same; thence running with the boundary line of the state of 
Michigan through Lake IVIichigan, Green Bay, to the mouth of Mcnom- 
onee river; thence up the channel of the said river to the Brule river; 
thence lip said last mentioned river to Lake Brule; thence along the 
southei-n shore of Lake Brule, in a direct line to the center of the chan- 
nel between Middle and South islands, in the Lake of the Desert; thence 
in a direct line to the head waters of the Montreal river, as marked upon 
the survey made by Captain Cramm ; thence down the main channel of 
the Montreal river to the middle of Lake Superior; thence through 
the center of Lake Superior to the mouth of the St. Louis river; thence 
up the main channel of said river to the first rapids in the same, above 
the Indian village, according to Nicolett's map; thence due south to the 
main branch of the river St. Croix; thence down the main channel of 
said river to the Mississippi; thence down the center of the main chan- 
nel of that river to the northwest corner of the state of Illinois; thence 
due east with the northern boundary of the state of Illinois to the place 
of beginning, as established liy " An act to enable the people of the 
Illinois territory to form a constitution and state government, and for the 
admission of such state into the Union on an equal footing with the 
original states," approved April iSth, i8iS: Pioztded, Iio-Mcvcr, That 
the following alteration of the aforesaid boundary be, and hereby is, 
proposed to the congress of the United States, as the preference of the 
state of Wisconsin, and if the same shall be assented and agreed to by 
the congress of tlie United States, then the same shall be and forever 
remain obligatory on the state of "Wisconsin, viz. : Leaving the aforesaid 
boundary line at the foot of the rapids of the St. Louis river; thence in 
a direct line, bearing southwesterly, to the mouth of the Iskodewabo, or 
Rum river, where the same empties into the Mississippi river; thence 
down the main channel of the said Mississippi river, as prescribed in the 
aforesaid boundary. 

Section 2. The propositions contained in the act of congress are 
hereby accepted, ratified and confirmed, and shall remain irrevocable 
without the consent of the United States; and it is hereby ordained that 
this state shall never interfere with the primary disposal of the soil 
within the same by the United States, nor with any regulations congress 
may find necessary for securing the title in such soil to bona fide pur- 
chasers thereof; and no tax shall be imposed on land the property of the 
United States; and in no case shall non-resident proprietors be taxed 
higher than residents: Provided, that nothing in this constitution, or 
in the act of congress aforesaid, shall in any manner prejudice or atVect 
the right of the state of Wisconsin to five hundred thousand acres of 
land granted to said state, and to be hereafter selected and located by and 
under the act of congress, entitled " An act to appropriate the proceeds 



336 , RATIFIED CONSTITUTION. 

of the sales of the public lands, and grant pre-emption rights," approved 
September fourth, one thousand eight hundred and forty-one. 

ARTICLE III. 

SUFFRAGE. 

Section i. Every male person of the age of twenty -one yer.rs or 
upwards, belonging to either of the following classes, who shall have 
resided in the state for one year next preceding any election, shall be 
deemed a qualified elector at such election: 

1st. White citizens of the United States. 

2d. White persons of foreign birth who shall have declared their 
intention to become citizens, conformably to the laws of the United 
Stotes on the subject of naturalization. 

3d. Persons of Indian blood who have once been declared by law of 
congress to be citizens of the United States, any subsequent law of con- 
gress to the contrary notwithstanding. 

4th. Civilized persons of Indian descent, not members of any tribe. 

Provided, that the legislature may at any time extend by law the right 
of suffrage to persons not herein enumerated; but no such law shall be 
in force until the same shall have been submitted to a vote of the people 
at a general election, and approved by a majority of all the votes cast at 
such election. 

Section' 2. No person under guardianship, non compos mentis, or 
insane, shall be qualified to vote at any election; nor shall any person 
convicted of treason or felony be qualified to vote at any election, unless 
restored to civil rights. 

Section 3. All votes shall be given by ballot, except for such town- 
ship officers as may by law be directed or allowed to be otherwise chosen. 

Section 4. No person shall be deemed to have lost his residence in 
this state by reason of his absence on business of the United States or 
of this state. 

Section 5. No soldier, seaman, or marine, in the army or navy of 
the United States, shall be deemed a resident of this state in consequence 
of being stationed within the same. 

Section 6. Laws may be passed excluding from the right of suffrage 
all persons who have been or may be convicted of bribery or larcenv, or 
of any infamous crime, and depriving every person who shall make, or 
become directly or indirectly interested in any bet or wager depending 
upon the result of any election, from the right to vote at such election. 



RATIFIED CONSTITUTION. 337 

ARTICLE IV. 

LEGISLATIVE. 

Sectiox I. The Icgii^lative power shall be vested in a senate and 
assembly. 

SiiCTiox J. The number of the members of the assembly shall never 
be less than fifty-four, nor more than one hundred. The senate shall 
consist of a number not more than one-third nor less than one-fourth of 
the number of the members of the assembly. 

Section 3. The legis'ature shall provide by law for an enumeration 
of the inhabitants of the state, in the year one thousand eight: hundred 
and fifty-five, and at the end of every ten years thereafter; and at their 
first session after such enumeration, and also after each enumeration 
made by the authority of the United States, the legislature shall appor- 
tion and district anew the members of the senate and assemblv, accord- 
ing to the number of inhabitants, excluding Indians not taxed, and 
soldiers and ofiicers of the United States army and navy. 

Section 4. The members of the assembly shall be chosen annually 
by single districts on the Tuesday succeeding the first Monday of 
November, by the qualified electors of the several districts; such districts 
to be bounded by county, precinct, town or ward lines, to consist of 
contiguous territory, and be in as compact form as practicable. 

Section 5. The senators shall be chosen by single districts of con- 
venient contiguous territory, at the same time and in the same manner 
as members of the assembly are required to be chosen, and no assembly 
district shall be divided in the formation of a senate district. The senate 
districts shall be numbered in regular series, and the senators chosen by 
the odd numbered districts shall go out of office at the expiration of the 
first year, and the senators chosen by the even numbered districts shall 
go out of otTice at the expiration of the second year, and thereafter the 
senators shall be chosen for the term of two years. 

Section 6. No person shall be eligible to the legislature who shall 
not have resided one year within the state, and be a qualified elector in 
the district which he may be chosen to represent. 

Section 7. Each house shall be the judge of the elections, returns 
and qualifications of its own members, and a majority of each shall 
constitute a quorum to do business; but a smaller number may adjourn 
from day to day, and may compel the attendance of absent members in 
such manner, and under such penalties, as each house inay provide. 

Section S. Each house may determine the rules of its own proceed- 
ings, punish for contempt and disorderly behavior, and, with the con- 
currence of two-thirds of all the members elected, expel a member: but 
no member shall be expelled a second time for the same cause. 

Section 9. Each house shall ciioosc its own olficers, and the senate 



338 RATIFIED CONSTITUTION. 

shall choose a temporary president, when the lieutenant governor shall 
not attend as president, or shall aet as governor. 

Section' 10. Each house shall keep a journal of its proceedings, and 
publish the same, except such parts as require secrecy. The doors of 
each house shall be kept open^ except when the public welfare shall 
require secrecy. Neither house shall, Avithout consent of the other, ad- 
journ for more than three days. 

Section 11. The legislature shall meet at the seat of government at 
such time as shall be provided by law, once in each year, and not oftener, 
unless convened by the governor. 

Section' 12. No member of the legislature shall, during the term for 
which he was elected, be appointed or elected to any civil office in the 
state, which shall have been created, or the emoluments of which shall 
have been increased, during the term for which he was elected. 

Section 13. No person' being a member of congress, or holding any 
military or civil office vmder the United States, shall be eligible to a seat 
in the legislature; and if any person shall, after his election as a member 
of the legislature, be elected to congress, or be appointed to any office, 
civil or military, under the government of the United States, his accept- 
ance thereof shall vacate his seat. 

Section 14. The governor shall issue writs of election to fill such 
vacancies as may occur in either house of the legislature. 

Section 15. Members of the legislature shall, in all cases except 
treason, felony, and breach of the peace, be privileged from arrest; nor 
shall they be subject to any civil process during the session of the legis- 
lature, nor for fifteen days next bcfqre the commencement and after the 
termination of each session. 

Section 16. No member of the legislature shall be liable in any civil 
action, or criminal prosecution whatever, for words spoken in debate. 

Section 17. The style of the laws of the state shall be, "The people 
of the state of Wisconsin, represented in senate and assembly, do enact 
as follows:" and no law shall be enacted except by bill. 

Section 18. No private or local bill which may be passed by tl>e 
legislature shall embrace more than one subject, and that shall be 
expressed in the title. 

Section 19. Any bill may originate in either house of the legislature, 
and a bill passed by one house may be amended by the other. 

.Section 20. The yeas and nays of the members of either house, on 
any question, shall, at the request of one-sixth of those present, be 
entered on the journal. 

Section 21. Each member of the legislature shall receive for his 
services two dollars and fifty cents for each day's attendance during the 
session, and ten cents for every mile he shall travel in going to and 
returning from the place of the meeting of the legislature, on the most 
Usual route. 



RATIFIED CONSTITUTION. 339 

Section 22. The legislature may confer upon tlie boards of siipL-r- 
visors of the several counties of the state, such powers of a local, legisla- 
tive and administrative character as they shall from time to time pre- 
scribe. 

Section 23. The legislature shall establish but one system of town 
and county government, which shall be as nearly uiiiforna as practi- 
cable. 

Section 24. The legislature shall never authorize any lottery, or grant 
any divorce. 

Section 25. The legislature shall provide by law that all stationery 
required for the use of the state, and all printing authorized and required 
by them to be done for their use, or for the state, shall Vie let by contract 
to the lowest bidder; but the legislature may establish a maximum price. 
No member of the legislature or other state officer shall be interested, 
either directly or indirectly, in any such contract. 

Section 26. The legislature shall never grant any extra compensation 
to any public officer, agent, servant or contractor, after the services shall 
have been rendered or the contract entered into. Nor shall the com- 
pensation of any public officer be increased or diminished during his 
term of office. 

Section 27. The legislature shall direct by law in what, manner and 
in what courts suits may be brought against the state. 

Section 2S. Members of the legislature, and all officers, executive and 
judicial, except such inferior officers as may be by law exempted, shall, 
before they enter upon the duties of their respective offices, take and sub- 
scribe an oath or affirmation to support the constitution of the United 
States, and the constitution of the state of Wisconsin, and faithfully to 
discharge the duties of their respective offices to the best of their ability. 

Section 29. The legislature shall determine what persons shall con- 
stitute the militia of the state, and may provide for organizing and dis- 
ciplining the same in such manner as shall be prescribed by law. 

Section 30. In all elections to be made by the legislature, the mem- 
bers thereof shall vote vive voce, and their votes shall be entered on the 
journal. 

ARTICLE V. 
executive. 

Section i. The executive power shall be vested in a governor, who 
shall hold his office for two years. A lieutenant governor shall be 
elected at the same time and for the same term. 

Section 2. No person except a citizen of the United States, and a 
qualified elector of this state, shall be eligible to the office of governor 
or lieutenant governor. 

Section 3. The governor and lieutenant governor thall be elected bv 



o40 



RATIFIED CONST! TUTIOX. 



the qualified electors of the state, at the times and places of choosing 
nienibers of the legislature. The persons respectively having the high- 
est number of votes for governor and lieutenant governor, shall be 
elected. But in case two or more shall have an equal and the highest 
number of votes for governor or lieutenant governor, the two houses 
of the legislature, at its ne.vt annual session, shall forthwith, by joint 
ballot, choose one of the persons so having an equal and the highest 
number of votes, for governor or lieutenant governor. The returns of 
election for governor and lieutenant governor shall be made in such 
manner as shall be provided by law. 

Section 4. The governor shall be commander-in-chief of the military 
and naval forces of the state. lie shall have power to convene the legis- 
lature on extraordinary occasions; and in case of invasion, or danger 
from the prevalence of contagious disease at the seat of government, he 
mav convene them at any other suitable place within the state. He shall 
communicate to the legislature, at every session, the condition of the 
state, and recommend such matters to them for their consideration as he 
may deem expedient. He shall transact all necessary business with the 
officers of the government, civil and military. He shall expedite all 
such measures as may be resolved upon by the legislature, and shall 
take care that the laws be faithfully executed. 

Section 5. The governor shall receive, during his continuance in 
office, an annual compensation of one thousand two hundred and fifty 
dollars. 

Section 6. The governor shall have power to grant reprieves, com- 
mutations and pardons after conviction, for all ofienses except treason 
and cases oi impeachment, upon such conditions and with such restric- 
tions and limitations as he may think, proper, subject to such regula- 
tions as may be provided by law relative to the manner of applying for 
pardons. Upon conviction for treason, he shall have the power to sus- 
pend the execution of the sentence until the case shall be reported to the 
legislature at its next meeting, when the legislature shall either pardon, 
or commute the sentence, direct the execution of tiie sentence, or 
grant a further reprieve. He sliall annually communicate to the 
legislature each case of reprieve, commutation or pardon granted, stat- 
ing the name of the convict, the cri;ne of which he was convicted, the 
sentence and its date, and the date of the commutation, pardon, or 
reprieve, with his reasons tor granting the same. 

Section 7. In case of the impeacliment of the governor, or his re- 
moval from office, death, inability from mental or physical disease, resig- 
nation, or absence trom the state, the powers and duties of the office shall 
devolve upon the lieutenant governor, for the residue of the term, or until 
the governor, absent or impeached, shall have returned, or the disability 
shall cease. But when the governor shall, with the consent of the legis- 
lature, be out of the state in lime of war, at the head of the milit;u-y 



RATIFIED CONSTITUTION. 34I 

force thereof, he shall contimie coinm;uider-iii-chief of the military force 
of the state. 

Section S. The lieutenant j^overnor shall he president of the senate, 
hut shall have only a casting vote therein. If, during a vacancy in tlic 
olfice of governor, the lieutenant governor shall be impeached, displaced, 
resign, die, or from mental or physical disease become incapable of per- 
forming the duties of his office, or be absent from the state, the secretary 
of state shall act as governor vmtil the vacancy shall be fdled, or the 
disability shall cease. 

Section 9. The lieutenant governor shall receive double the per diem 
allowance of members of the senate for every day's attendance as presi- 
dent of the senate, and the same mileage as shall be allowed to mem- 
bers of the legislature. 

Section id. Every bill which shall have passed the legislature shall, 
before it becomes a law, be presented to the governor. If he approve, 
he shall sign it; but if not, he shall return it, with his objections, to that 
house in which it shall have originated, who shall enter the objections at 
large upon the journal, and proceed to reconsider it. If after such re- 
consideration, two-thirds of the member.s present shall agree to pass the 
bill, it shall be sent, together with the objections, to the other house, by 
which it shall likewise be reconsidered, and if approved by two-thirds 
of the members present, it shall become a law. But in all such cases, 
the votes of both houses shall be determined by 3'eas and nays, and the 
names of the members voting for or against the bill shall be entered 
on the journal of each house respectively. If any bill shall not be re- 
turned by the governor within three days (Sundavs excepted) after it 
shall have been presented to him, the same shall be a law, unless the 
legislature shall, by their adjournment, prevent its return; in which case 
it shall not be a law. 

ARTICLE VI. 

.M)MINI.>^TR.\TIVE. 

Section i. There shall be chosen by the qualified electors of the 
state, at the times and places of choosing the members of the legislature, 
a secretary of state, treasurer and attorney general, who shall severallv 
hold their offices for the term of two years. 

Section 2. The secretary of state shall keep a fair record of the 
official acts of the legislature and executive department of the state, and 
shall, when required, lay the same, and all matters relative thereto, be- 
fore cither branch of the legislature. lie shali be cx-ojido auditor, and 
shall perform such other duties as shall be assigned him bv law. He 
shall receive as a compensation for his services yearlv, such sum as 
shall be provided by law, and shall keep his office at the seat of gov- 
ernment. 



342 



RATIFIED CONSTITUTION. 



Section 3. The powers, duties and compensation of the treasurer 
and attorney general shall be prescribed by law. 

Section 4. Sheriffs, coroners, registers of deeds and district attorneys 
shall be chosen bj' the electors of the respective counties, once in every 
two vears, and as often as vacancies shall happen. Sheriffs shall hold 
no other office, and be ineligible for two years next succeeding the ter- 
mination of their offices. They may be required by law to renew their 
securitv from time to time; and in default of giving such new security, 
their offices shall be deemed vacant. But the county shall never be 
made responsible for the acts of the sheriff. The governor may remove 
any officer in this section mentioned, giving to such officer a copy of 
the charges against him, and an opportunity of being heard in his 
defense. 

ARTICLE VII. 

JUDICIARY. 

Section i. The court for the trial of impeachments shall be com- 
posed of the senate. The house of representatives shall have the power 
of impeaching all civil officers of this state, for corrupt conduct in office, 
or for crimes and misdemeanors; but a majority of all the members 
elected shall concur in an impeachment. On the trial of an impeach- 
ment against the governor, the lieutenant governor shall not act as a 
member of the court. No judicial officer shall exercise his office, after 
he shall have been impeached, until his acquittal. Before the trial of 
an impeachment, the members of the court shall take an oath or affirma- 
tion, truly and impartially to try the impeachment according to evidence; 
and no person shall be convicted without the concurrence of two-thirds 
of the members present. Judgment in cases of impeachment shall not 
extend further than to removal from office, or removal from office and 
disqualification to hold any office of honor, profit or trust under the 
state; but the party impeached shall be liable to indictment, trial and 
punishment according to law. 

Section 2. The judicial power of this state, both as to matters of 
law and equity, shall be vested in a supreme court, circuit courts, courts 
of probate, and in justices of the peace. The legislature may also vest 
such jurisdiction as shall be deemed necessary in municipal courts, and 
shall have power to establish inferior courts, in the several counties, with 
limited civil and criminal jurisdiction: Provided, that the jurisdiction 
which may be vested in municipal courts, shall not exceed, in their re- 
spective municipalities, that of circuit courts, in their respective circuits, 
as prescribed in this constitution ; and that the legislature shall provide 
as well for the election of judges of the municipal courts, as of the 
judges of inferior courts, by the qualified electors of the respective juris- 
dictions. The term of office of the judges of the said municipal and 



RATIFIED CONSTITUTION. 343 

inferior courts shall not be longer than that of the judges of the circuit 
court. 

Section 3. The supreme court, except in cases otherwise jirovideti m 
this constitution, shall have appellate jurisdiction only, which shall be 
co-extensive with the state; but in no case removed to the supreme 
court shall' a trial by jury be allowed. The supreme court shall 
have a general superintending control over all inferior courts; it shall 
have power to issue writs of habeas corpus, mandamus, injunction, quo 
warranto, certiorari, and other original and remedial writs, and to hoar 
and determine the same. 

Section 4. For the term of five years, and thereafter until the legis- 
lature shall otherwise provide, the judges of the several circuit courts 
shall be judges of the supreme court, four of whom shall constitute a 
quorum, and the concurrence of a majority of the judges present siiall 
be necessary to a decision. Tho legislature shall have power, if they 
should thinli it expedient and necessary, to provide by law for the organ- 
ization of a separate supreme court, with the jurisdiction and powers 
prescribed in this constitution, to consist of one chief justice, and two 
associate justices, to be elected by the qualified electors of the state, at 
such time and in such manner as llic legislature may provide. The sep- 
arate supreme court, when so organized, shall not be changed or discon- 
tinued by t'le legislature; the judges thereof shall be so classified that 
but one of ..lem shall go out of office at the same time; and their term 
of office shall be the same as is provided for the judges of the circuit 
court. And whenever the legislature may consider it necessary to e-tab- 
lish a separate supreme coin-t, they shall have power to reduce the num- 
ber of circuit judges to four, and subdivide the judicial circuits, but no 
such subdivision or reduction shall take effect until after the expiration 
of the term of some one of said judges, or until a vacancy occur by some 
other means. 

Section 5. The state shall be divided into five judicial circuits, to be 
composed as follows: The first circuit shall comprise the counties of 
Racine, Walworth, Rock and Green. The second circuit, the counties 
of Milwaukee, Waukesha, Jefterson and Dane. The third circuit, the 
counties of Washington, Dodge, Columbia, Marquette, Sauk and Port- 
age. The fourth circuit, the counties of Brown, Manitowoc, Shebovgan, 
Fond du Lac, Winnebago and Calumet; and the fifth circuit shall com- 
prise the counties of Iowa, La Fayette, Grant, Crawford and St. Croix; 
and the county of Richland shall be attached to Iowa, the county of 
Chippewa to the county of Crawford, and the county of La Pointe to the 
county of St. Croix, for judicial purposes, until otherwise provided bv 
the legislature. 

Section 6. The legislature may alter the limits or increase the nimi- 
ber of circuit", making thvm as compact and convenient as practicable, 
and bounding them by county lines; but no such alteration or increa>e 



344 RATIFIED CONSTITUTION. 

shall have the effect to remove a judge from office. In case of an in- 
crease of circuits, the judge or judges shall be elected as provided in 
this constitution, and receive a salary not less than that herein provided 
for judges of the circuit court. 

Section' 7. For each circuit there shall be a judge chosen by the 
qualified electors therein, who shall hold his office as is provided in this 
constitution, and until his successor shall be chosen and qualified; and 
after he shall have been elected, he shall reside in the circuit for which 
he was elected. One of said judges shall be designated as chief justice, 
in such manner as the legislature shall provide. And the legislature 
shall, at its first session, provide by law as well for the election of as for 
classifying the judges of the circuit courts to be elected under this con- 
stitution, in such manner that one of said judges shall go out of office 
in two years, one in three years, one in four years, one in five years and 
one in six years, and thereafter the judge elected to fill tlie ofiice shall 
hold the same for six years. 

Section S. The circuit courts shall have original jurisdiction in all 
matters, civil and criminal, within this state, not excepted in this con- 
stitution, and not hereafter prohibited by law, and appellate jiu'isdiction 
from all inferior courts and tribunals, and a supervisory control over the 
same. They shall also have the power to issue writs of habeas corpus, 
mandamus, injunction, quo warranto, certiorari, and all other writs 
necessai-y to carry into effect their orders, judgments and decrees, and 
give them a general control over inferior courts and jurisdictions. 

Section 9. ^V'hen a vacancy shall happen in the office of judge of 
the supreme or circuit courts, such vacancy shall be filled by an appoint- 
ment of the governor, which shall continue until a successor is elected 
and qualified; and when elected, such successor shall hold his office the 
residue of the unexpired term. There shall be no election for a judge 
or judges at any general election for state or county officers, nor within 
thirty days either before or after such election. 

Section 10. Each of the judges of the supreme and circuit courts 
shall receive a salary, payable quarterly, of not less than one thousand 
five hundred dollars annually; they shall receive no fees of office, or 
other compensation than their salaries; they shall hold no office of public 
trust, except a judicial office, during the term for which they are re- 
spectively elected, and all votes for either of them for any office except a 
judicial office, given by the legislature or the people, shall be void. No 
person shall be eligible to the office of judge, who shall not, at the time 
of his election, be a citizen of the United States, and have attained the 
age of twenty-five years, and be a qualified elector within the jurisdic- 
tion for whicli he may be chosen. 

SixTioN II. The supreme court shall hold at least one term annually, 
at the seat of government of the state, at such time as shall he provided 
by law; and tiie legislature may provide for holding other terms, and at 



RATIFIKD CONSTITUTION'. 345 

other places, when they ma}- deem it necessary. A circuit court shall be 
held, at least twice in each year, in each county of this state organized 
for judicial purposes. The judges of the circuit court may hold courts 
for each other, and shall do so when required by law. 

Section 12. There shall be a clerk of the circuit court chosen in 
each county organized for judicial purposes, by the qualified electors 
thereof, who shall hold his oHice for two years, subject to removal, as 
siiall be provided by law. In case of a vacancy, the judge of the circuit 
court shall have the power to appoint a clerk until the vacancy shall be 
filled by an election. The clerk thus elected or appointed shall give 
such security as the legislature may require; and when elected shall 
hold his office for a full term. The supreme court shall appoint its own 
clerk, and the clerk of a circuit court may be ajipoiiitcd clerk of the 
supreme court. 

Section 13. Any judge of the supreme or circuit court may be re- 
moved from office by address of both houses of the legislature, if two- 
thirds of all the 1. --mbers elected to each house concur therein; but no 
removal shall be made by virtue of this section, unless the judge com- 
plained of shall have been served with a copy of the charges against 
him as the ground of address, and shall have had an opportunity of 
being heard in his defense. On the question of removal, the ayes and 
noes shall be entered on the journals. 

Section 14. There shall be chosen in each county, by the qualified 
electors thereof, a judge of probate, Avho shall hold his office for two years, 
and until his successor shall be elected and qualified, and whose jurisdic- 
tion, powers and duties shall be prescribed by law: Prmidcd^ hozievcKy 
that the legislature shall have power to abolish the office of judge of 
probate in any county, and to confer probate powers upon such inferior 
courts as may be established in said county. 

Section 15. The electors of the several towns, at their annual town 
meeting, and the electors of cities and villages, at their charter elections, 
shall, in such manner as the legislature may direct, elect justices of the 
peace, whose term of office shall bo for two years, and until their suc- 
cessors in office shall be elected and qualified. In case of an election to 
fill a vacancy occurring before the expiration ot a full term, the justice 
elected shall hold for the residue of the unexpired term. Their niunber 
and classification shall be regulated by law. And the tenure of two 
years shall in no wise interfere w ith the classification in tiie first instance. 
The justices thus elected shall have such civil and criminal jurisdiction 
as shall be prescribed by law. 

Section 16. The legislature shall pass laws for. the regulation of 
tribimals of conciliation, defining their powers and duties. Such tribu- 
nals mnv be established in and for any township, and shall have power 
to render judgment to be obligatory on the parties, when ihey shall vol- 



3^6 RATIFIED CONSTITUTION. 

untarily submit their matter in diflcrence to arbitration, and agree to 
abide the judgment, or assent thereto in writing. 

Section 17. The style of all writs and process shall be, "The State 
of Wisconsin." All criminal prosecutions shall be carried on in the 
name and by the authority of the same; and all indictments shall con- 
clude against the peace and dignity of the state. 

Section iS. The legislature shall impose a tax on all civil suits 
commenced or prosecuted in the municipal, inferior or circuit courts, 
which shall constitute a fund to be applied toward the payment of the 
salary of judges. 

Section 19. The testimony in causes in equity shall be taken in like 
manner as m cases at law; and the office of master in chancery is hereby 
prohibited. 

Section 20. Any suitor, in any court of this state, shall have the 
right to prosecute or dclend his suit either in his own proper person, or 
by an attorney or agent of his choice. 

Section 21. The legislature shall provide by law for the speedy pub- 
lication of all statute laws, and of such judicial decisions, made within 
the state, as may be deemed expedient And no general law shall be 
in force until published. 

Section 22. The legislature at its first session after the adoption of 
this constitution, shall provide for the appointment of three commis- 
sioners, whose duty it shall be to inquire into, revise, and simplify the 
rules of practice, pleadings, forms and proceedings, and arrange a system 
adapted to the courts of record of this state, and report the same to the 
legislature, subject to their modification and adoption; and such com- 
mission shall terminate upon the rendering of the report, unless other- 
wise provided by law. 

Section 23. The legislature may provide for the appointment of one 
or more persons in each organized county, and may vest in such persons 
such judicial powers as shall be prescribed by law: Provided, that said 
power shall not exceed that of a judge of the circuit court at chambers. 



ARTICLE VIII. 

finance. 

Section i. The rule of taxation shall be uniform, and taxes shall be 
levied upon such property as the legislature shall prescribe. 

Section 2. No money shall bo paid out of the treasury, except in 
pursuance of an appropriation by law. 

Section 3. Tiie credit of the state shall never be given or loaned in 
aid of any individual, association or corporation. 

Section 4. This state shall never contract any public debt, except in 
the cases and manner herein provided. 



RATIFIED COXSTITUTIOX. 347 

Section 5. The legislature shall provide for an annual tax sufllcient 
to defray the estimated expenses of the stale for each year; and when- 
ever the expenses of any year shall exceed the income, the legislature 
shall provide for levying a tax for the ensuing year, sufficient, -with 
other sources of income, to pay the deficiency as well as the estimated 
expenses of such ensuing year. 

Section 6. For the purpose of defraying extraordinary expenditures, 
the state may contract public debts (but such debts shall never, in 
the aggregate, exceed one hundred thousand dollars). Every such 
debt shall be authorized by law, for some purpose or purposes to be 
distinctly specified therein; and the vote of a majority of all the 
members elected to each house, to be taken by yeas and na>-s, shall be 
necessary to the passage of such law; and every such law shall provide 
for levying an annual tax sufficient to pay the annual interest of such 
debt, and the principal within five years from the passage of such la-^v, 
and shall specially appropriate the proceeds of such taxes to the pay- 
ment of such principal and interest; and snch appropriation shall not 
be repealed, nor the taxes be postponed or diijiinished, until the principal 
and interest of such debt shall have been -wholly paid. 

Section 7. The legislature may also borrow money to repel inva- 
sion, suppress insurrection, or defend the state in time of war; but the 
money thus raised shall be applied exclusively to the object for which 
the loan was authorized, or to the repayment of the debt thereby created. 

Section 8. On the passage, in either house of the legislature, of 
any law which imposes, continues or renews a tax, or creates a debt 
or charge, or makes, continues or renews an appropriation of public or 
trust money, or releases, discharges or commutes a claim or demand of 
the state, the question shall be taken by yeas and nays, which shall be 
duly entered on the journals; and three-fifths of all the members elected 
to such house shall, in all such cases, be required to constitute a quorum 
therein. 

Section 9. No scrip, certificate, or other evidence of state debt what- 
soever, shall be issued, except for such debts as are authorized by the 
sixth and seventh sections of this article. 

Section 10. The state shall never contract any debt for works of 
internal improvement, or be a party in carrying on such works; but 
whenever grants of land or other property shall have been made to the 
state, especially dedicated by the grant to particular works of internal 
improvement, the state may carry on such particular works, and shall 
devote thereto the avails of such grants, and may pledge or appropriate 
the revenues derived from such works in aid of their completion. 



348 RATIFIED CONSTITUTION. 

ARTICLE IX. 

EMINENT DOMAIN AND PROPERTY OF THE STATE. 

Section i. The state shall have concurrent jurisdiction on all rivers 
and lakes bordering on this state, so far as such rivers or lakes shall 
form a common boundary to the state, and any other state or territory 
now or hereafter to be formed, and bounded by the same. And the river 
Mississippi, and the navigable waters leading into the Mississippi and 
St. Lawrence, and the carrying places between the same, shall be com- 
mon highways, and forever free, as Avell to the inhabitants of this state, 
as to the citizens of the United States, without any tax, impost, or duty 
therefor. 

Section 2. The title to all lands and other property which have ac- 
crued to the territory of Wisconsin by grant, gift, purchase, forfeiture, 
escheat or otherwise, shall vest in the state of Wisconsin. 

Section 3. The people of the state, in their right of sovereignty, are 
declared to possess the ultimate property in and to all lands within the 
jurisdiction of the state; and all lands the title to which shall fail from 
a defect of heirs, shall revert or escheat to the people. 

ARTICLE X. 

EDUCATION. 

Section i. The supervision of public instruction shall be vested in 
a state superintendent, and such other officers as the legislature shall 
direct. The state superintendent shall be chosen by the qualified electors 
of the state, in such manner as the legislature shall provide; his powers, 
duties and compensation shall be prescribed by law: Provided^ that 
his compensation shall not exceed the sum of twelve hundred dollars 
annually. 

Section 2. The proceeds of all lands that have been or hereafter may 
be granted by the United States to this state for educational purposes 
(except the lands heretofore granted for the purposes of a university), 
and all moneys, and the clear proceeds of all property that may accrue 
to the state by forfeiture or escheat, and all moneys which may be paid 
as an equivalent for exemption from military dut^-, and the clear pro- 
ceeds of all fines collected, in the several counties, for any breach of the 
penal laws, and all moneys arising from any grant to the state, where 
the purposes of such grant are not specified, and the five hundred thou- 
sand acres of land to which the state is entitled by the provisions of an 
act of congress entitled " An act to appropriate the proceeds of the sales 
of the public lands, and to grant pre-emption rights," approved the fourth 
day of Sejitember, one thousand eight hundred and forty-one; and also 
the five per centum of the net proceeds of the public lands, to which the 



RATIFIED CONSTITUTION'. 349 

state shall becoin? entillcd on her admission into the Union (if conj,'rcss 
shall consent to such appropriation of the two grants last mentioned), 
shall be set apart as a separate fimd, to be called the school fund, the 
interest oi' which, and all other revenues derived from the school lands, 
shall be exclusively applied to the following objects, to wit: 

1st. To the support and maintenance of common schools in each 
school district, and the purchase of suitable libraries and apparatus 
therefor. 

2d. The residue sliall be apjiropriated to the support and maintenance 
of academies and normal schools, and suitable libraries and apparatus 
therefor. 

Section" 3. The legislature shall provide by law for the establish- 
ment of district schools, \vhich shall be as nearly uniform as practicable; 
and such schools shall be free, and without charge for tuition, to all 
children between the ages of four and twenty years; and no sectarian in- 
struction shall be allowed therein. 

Section 4. Each town and city shall be required to raise by tax, 
annually, for the support of the common schools therein, a sum not less 
than one-half the amount received by such town or city respecti\ ely for 
school purposes from the income of the school fund. 

Section 5. Provision siiall be made by law for the distiibution of 
the income of the school fund among the several towns and cities of the 
state, for the support of common schools therein, in some just proportion 
to the number of children and youth resident therein, between the ages 
of four and twenty years, and no appropriation shall be made from the 
school fund to any city or town, for the year in which said city or town 
shall fail to raise such tax, nor to any school district for the year in 
^vhich a school shall not be maintained at least three months. 

Section 6. Provision shall be made b}' law for the estiblisliment 
of a state university, at or near the seat of state government, and for 
connecting with the same, from time to time, such colleges in ditlcrent 
parts of the state, as the interests of education may require. The pro- 
ceeds of all lands that have been or may hereafter be granted by the 
United States to the state, for the support of a university, shall be and 
remain a perpetual fund, to be called the university fund, the interest of 
which shall be appropriated to the support of the state university, and 
no sectarian instruction shall be allowed in such university. 

Section 7. The secretary of state, treasurer and attorney general 
shall constitute a board of commissioners for the sale of the school and 
university lands, and for the investment of the funds arising therefrom. 
Any two of said commissioners shall be a quorum for the transaction 
of all business pertaining to the duties ot[ their office. 

Section 8. Provision shall be made by law for the sale of all school 
and university lands, after they shall have been appraised; and when any 
portion of such lands shall be sold, and the purchase money shall not 



OD^ 



RATIFIED CONSTITUTION. 



be paid at the time of the sale, the commissioners shall take security bj 
mortgage upon the lands sold for the sum remaining unpaid, with seven 
per cent, interest thereon, payable annually at the office of the treasurer. 
The commissioners shall be authorized to execute a good and sufficient 
conveyance to all purchasers of such lands, and to discharge any mort- 
gages taken as security, when the sum due thereon shall have been paid. 
The commissioners shall have power to withhold from sale any portion 
of such lands, when they shall deem it expedient, and shall invest all 
moneys arising from the sale of such lands, as well as all other univer- 
sity and school funds, in such manner as the legislature shall provide, 
and shall give such security for the faithful performance of their duties 
as may be required by law. 

ARTICLE XI. 

CORPORATIONS. 

Section i. Corporations without banking powers or privileges may 
be formed under general laws, but shall not be created bv special act, 
except for municipal purposes, and in cases Avhere, in the judgment of 
the legislature, the objects of the corporation cannot be attained under 
general laws. All general laws or special acts, enacted under the pro- 
visions of this section, may be altered or repealed by the legislature at 
any time after their passage. 

Section 2. No municipal corporation shall take private property 
for public use, against the consent of the owner, without the necessity 
thereof being first established by the verdict of a jury. 

Section 3. It shall be the duty of the legislature, and they are 
hereby empowered, to provide for the organization of cities and incorpo- 
rated villages, and to restrict their power of taxation, assessment, bor- 
rowing inone\', contracting debts and loaning their credit, so as to prevent 
abuses in assessments and taxation, and in contracting debts by such 
municipal corporations. 

Section 4. The legislature shall not have power to create, authorize, 
or incorporate, by any general or special law, any bank or banking 
power or privilege, or any institution or corporation having any banking 
power or privilege whatever, except as provided in this article. 

Section 5. The legislature may submit to the voters at any general 
election, the question of " bank," or " no bank," and if at any such election 
a number of votes equal to a majority of all the votes cast at such elec- 
tion on that subject shall be in favor of banks, then the legislature shall 
have power to grant bank charters, or to pass a general banking law, with 
such restrictions and under such regulations as they may deem expedient 
and proper for tiie security of the bill-holders: P>:ovided, that no such 
grant or law shall have any force or effect until the same shall have been 



RATIFIED COXSTITUTIOX. 35 1 

submitted to a vote of the electors of the state at some general election, 
and been approved by a majority of the votes cast on that subject at 
such election. 

ARTICLE XII. 

AMENDMENTS. 

Section i. Any amendment or amendments to this constitution 
may be proposed in eiliier house of the legislature, and if the same shall 
be agreed to by a majority of the members elected to each of the two 
houses, such j)roposed amendment or amendments shall be entered on 
their journals, ^vith the yeas and nays taken thereon, and referred to 
the legislature to be chosen at the next general election, and shall be pub- 
lished for three months previous to the time of holding such election ; 
and if, in the legislature so next chosen, such proposed amendment or 
amendments shall be agreed to by a majority of all the members elected 
to each house, then it shall be the duty of the legislature to submit such 
proposed amendment or amendments to the people, in such manner and 
at such time as the legislature shall prescribe; and if the people shall 
approve and ratify such amendment or amendments by a m.ajority of 
the electors voting thereon, such amendment or amendments shall be- 
come part of the constitution: Provided^ that if more than one amend- 
ment be submitted, they shall be submitted in such manner that the 
people may vote for or against such amendments separately. 

Section 2. If at any time a majority of the senate and assembly- 
shall deem it necessary to call a convention to revise or change this con- 
stitution, they shall recommend to the electors to vote for or against a 
convention at the next election for members of the legislature; and if 
it shall appear that a majority of the electors voting thereon have voted 
for a convention, the legislature shall, at its next session, jirovide for 
calling such convention. 

ARTICLE XIIL 

MISCELLANEOUS PROVISIONS. 

Section i. The political year for the state of Wisconsin shall com- 
mence on the first Monday in January in each year, and the general 
election shall be holden on the Tuesday succeeding the first Mondav in 
November in each year. 

Section 2. Any inhabitant of this state who may hereafter be en- 
gaged, either directly or indirectly, in a duel, cither as principal or acces- 
sory, shall forever be disqualified as an elector, and from holding anv 
office under the constitution and laws of this state, and inav be punished 
in such other manner as shall be prescribed by law. 

Section 3. No member of congress, nor any person holding anv 
office of profit or trust under the United States (postmasters excepted), 



352 RATIFIED CONSTITUTION. 

or under anv foicign power; no person convicted of any infamous crime 
in anv court within the United Staces, and no person being a defaulter 
to the United States, or to this state, or to any county or town therein, 
or to anv state or territory within the United States, shall be eligible to 
anv office of trust, profit or honor in this state. 

Section 4. It shall be the duty of the legislature to provide a great 
seal for the state, which shall be kept by the secretary of state; and all 
official acts of the governor, his approbation of the laws excepted, shall 
be thereby authenticated. 

Section 5. All persons residing upon Indian lands, within any county 
of the state, and qualified to exercise the right of suftrage under this 
constitution, shall be entitled to vote at the polls which may be held 
nearest their residence, for state, United States or county officers : Pro- 
-■iiicd, that no person shall vote for county officers out of the count}- in 
which he resides. 

Section 6. The elective officers of the legislature, other than the 
presiding ofiicers, shall be a chief clerk, and a sergeant-at-arms, to be 
elected by each house. 

Section 7. No county with an area of nine hundred square miles or 
less, shall be divided, or have any part stricken therefrom, witliout sub- 
mitting the question to a vote of the people of the county, nor unless a 
majority of all the legal voters of the county, voting on the question, 
shall vote for the same. 

Section S. No county seat shall be removed, until the point to which 
it is proposed to be moved shall be fixed by law, and a majority of the 
voters of the county, voting on the question, shall have voted in favor 
of its removal to such point. 

Section 9. All county officers whose election or appointment is not 
provided for by this constitution, shall be elected by the electors of the 
respective counties, or appointed by the boards of supervisors, or other 
county authorities, as the legislature shall direct. All city, town and 
village officers, whose election or appointment is not provided for by 
this constitution, shall be elected by the electors of such cities, towns 
and villages, or of some division thereof, or appointed by such author- 
ities thereof, as the legislature shall designate lor that purpose. All 
other officers whose election or appointment is not provided for bv this 
constitution, and all officers whose offices may hereafter be created by 
law, shall be elected by the people, or appointed, as the legislature may 
direct 

Section 10. The legislature may declare the ca'^es in which any 
office shail be deemed vacant, and also the manner of filling the vacancy, 
wiiere no provision is made for that purpose in this constitution. 



RATIFIED CONSTITUTION. 353 



ARTICLE XIV. 

SCHEDULE. 

Section i. That no inconvenience may arise bv reason of a change 
from a territorial to a permanent state government, it is ctcclared that all 
rights, actions, prosecutions, judgments, claims and contracts, as well of 
individuals as of bodies corporate, shall continue as if no such change had 
taken place; and all process which may be issued under the authority 
of the territory of Wisconsin, previous to its admission into the Union 
of the United States, shall be as valid as if issued in the name of the state. 
Section 2. All laws now in force in the territory of Wisconsin, 
which are not repugnant to this constitution, shall remain in force until 
they expire by their own limitation, or be altered or repealed by the 
legislature. 

Section 3. All fines, penalties or forfeitures accruing to the tcrritorv 
of Wisconsin shall enure to the use of the state. 

Section 4. All recognizances heretofore taken, or which mav be 
taken before the change from territorial to a permanent state government, 
shall remain valid, and shall pass to, and may be prosecuted in the 
name of the state; and all bonds executed to the governor of the terri- 
tory, or any other oflicer or court, in his or their oHicial capacity, shall 
pass to the governor or state authority, and their successors in office, 
for the uses therein respectively expressed, and may be sued for and 
recovered accordingly; and all the estate or property, real, personal or 
mixed, and all judgments, bonds, specialties, choses in action, and claims 
or debts of whatsoever description, of the territory of Wisconsin, shall 
enure to and vest in the state of Wisconsin, and may be sued for and 
recovered in the same manner, and to the same extent, by the state 
of Wisconsin, as the same could have been by the territory of Wis- 
consin. All criminal prosecutions and penal actions which may have 
arisen, or which may arise, before the change from a territorial to a state 
government, and which shall then be pending, shall be prosecuted to 
judgment and execution in the name of the state. All offenses com- 
mitted against the laws of the territory of Wisconsin, before the change 
from a territorial to a state government, and which shall not be prose- 
cuted before such change, may be prosecuted in the name and by the 
authority of the state of Wisconsin, with like effect as though such 
change had not taken place; and all penalties incurred shall remain the 
same as if this constitution had not been adopted. All actions at law 
and suits in equity which ma}- be pending in any of the courts of the 
territory of Wisconsin, at the time of the change from a territorial to a 
state government, may be continued and transferred to any court of the 
state which shall have jurisdiction of the subject matter thereof. 

Section 5. All officers, civil and military, now holding their offices 



354 RATIFIED CONSTITUTION. 

under the authority of the United States, or of the territory of Wiscon- 
sin, shall continue to hold and exercise their respective pffices until they 
shall be superseded by the authority of the state. 

Section 6. The first session of the legislature of the state of Wis- 
consin shall commence on the first Monday in June next, and shall 
be held at the village of Madison, which shall be and remain the seat of 
government until otherwise provided for by law. 

Section 7. All county, precinct and township officers shall continue 
to hold their respective offices, unless removed by the competent author- 
ity, until the legislature shall, in conformity with the provisiorts of this 
constitution, provide for the holding of elections to fill such offices 
respectively. 

Section 8. The president of this convention shall, immediately after 
its adjournment, cause a fair copy of this constitution, together with a 
copy of the act of the legislature of this territory, entitled " An act in 
relation to the formation of a state government in Wisconsin, and to 
change the time of holding the annual session of the legislature," ap- 
proved October 27, 1847, providing for the calling of this convention, and 
also a copy of so much of the last census of the territory as exhibits the 
number of its inhabitants, to be forwarded to the president of the United 
States, to be laid before the congress of the United States, at its present 
session. 

Section 9. This constitution shall be submitted at an election to be 
held on the second Monday in March next, for ratification or rejection, to 
all white male persons of the age of twenty-one years or upwards, who 
shall then be residents of this territory and citizens of the United States, or 
shall have declared their intention to become such in conformity with 
the laws of congress on the subject of naturalization, and all persons 
having such qualifications shall be entitled to vote for or against the 
adoption of this constitution, and for all officers first elected under it. 
And if the constitution be ratified by the said electors, it shall become 
the constitution of the state of Wisconsin. On such of the ballots as 
are for the constitution, shall be written or printed the word "yes," and 
on such as are against the constitution, the word " no." The election 
shall be conducted in the manner now prescribed by law, and the returns 
made by the clerks of the boards of supervisors or county commis- 
sioners (as the case may be), to the governor of the territory, at any 
time before the tenth day of April next. And in the event of the ratifi- 
cation of this constitution by a majority of all the votes given, it shall 
be the duty of the governor of this territory to make proclamation of 
the same, and to transmit a digest of the returns to the senate and 
assembly of the state, on the first day of their session. An election 
shall be held for governor and lieutenant governor, treasurer, attorney 
general, members of the state legislature, and members of congress, on 



RATIFIED CONSTITUTION. 355 

the second Monday of May next; and no otlier or further notice of such 
election shall be required. 

Section 10. Two members of congress shall also be elected on the 
second Monday in May next; and until otherwise provided by law, the 
counties of Milwaukee, Waukesha, Jeft'erson, Racine, Walworth, Rock 
and Green, shall constitute the first congressional district, and elect one 
member; and the counties of Washington, Sheboygan, Manitowoc, Cal- 
umet, Brown, Winnebago, Fond du Lac, Marquette, Sauk, Portage, 
Columbia, Dodge, Dane, Iowa, La Fayette, Grant, Richland, Crawford, 
Chippewa, St. Croix and La Pointe, shall constitute the second con- 
gressional district, and shall elect one member. 

Section ii. The several elections provided for in this article shall be 
conducted according to the existing laws of the territory: Provided, that 
no elector shall be entitled to vote except in the town, ward, or precinct 
where he resides. The returns of election for senators and members of 
assembly shall be transmitted to the clerk of the board of supervisors, or 
county commissioners, as the case may be ; and the votes shall be can- 
vassed and certificates of election issued, as now 'provided by law. In 
the first senatorial district, the returns of the election for senator shall be 
made to the proper officer in the county of Brown; in the second sena- 
torial district, to the proper officer in the county of Columbia; in the 
third senatorial district, to the proper officer in the county of Crawford; 
in the fourth senatorial district, to the proper officer in the county of 
Fond du Lac; and in the fiftli senatorial district, to the proper officer in 
the county of Iowa. The returns of election for state officers and mem- 
bers of congress shall be certified and transmitted to the speaker of the 
assembly, at the seat of government, in the same manner as the vote for 
delegate to congress are required to be certified and returned by the laws 
of the territory of Wisconsin to the secretary of said territory, and in 
such time that they may be received on the first Monday in June next; 
and as soon as the legislature shall be organized, the speaker of the 
assembly and the president of the senate shall, in the presence of both 
houses, examine the returns, and declare who are duly elected to fill the 
several offices hereinbefore mentioned, and give to each of the persons 
elected a certificate of his election. 

Section 12. Until there shall be a new apportionment, the senators 
and members of the assembly shall be apportioned among the several 
districts, as hereinafter mentioned, and each district" shall be entitled to 
elect one senator or member of assembly, as the case may be. 

The counties of Brown, Calumet, Manitowoc and Sheboygan, shall 
constitute the first senate district. 

The counties of Columbia, Marquette, Portage and Sauk, shall consti- 
tute the second senate district. 

The counties of Crawford, Chippewa, St. Croix and La Pointe, shall 
constitute the third senate district. 



35^ RATIFIED CONSTITUTION". 

The counties of Fond du Lac and Winnebago shall constitute the 
fourth senate district. 

The counties of Iowa and Richland shall constitute the fifth senate 
district. 

The county of Grant shall constitute the sixth senate district. 
The county of La Fayette shall constitute the seventh senate district. 
The count}' of Green shall constitute the eighth senate district. 
The county of Dane shall constitute the ninth senate district. 
The county of Dodge shall constitute the tenth senate district. 
The county of Washington shall constitute the eleventh senate district. 
The county of Jefferson shall constitute the twelfth senate district. 
The county of Waukesha shall constitute the thirteenth senate district. 
The county of Walworth shall constitute the fourteenth senate district. 
The county of Rock shall constitute the fifteenth senate district. 
The towns of Sou' h port, Pike, Pleasant Prairie, Paris, Bristol, 
Brighton, Salem and Wheatland, in the county of Racine, shall consti- 
tute the sixteenth senate district. 

The towns of Racine, Caledonia, Mount Pleasant, Raymond, Norway, 
Rochester, Yorkville and Burlington, in the county of Racine, shall 
constitute the seventeenth senate district. 

The third, fourth and fifth wards of the city of Milwaukee, and the 
towns of Lake, Oak Creek, Franklin and Greenfield, in the county of 
Milwaukee, shall constitute the eighteenth senate district. 

The first and second wards of the city of Milwaukee, and the towns 
of Milwaukee, Wauwatosa and Granville, in the county of Milwaukee, 
shall constitute the nineteenth senate district. 

The county of Brown shall constitute an assembly district. 
The county of Calumet shall constitute an assembly district. 
The county of Manitowoc shall constitute an assembly district. 
The county of Columbia shall constitute an assembly district. 
The counties of Crawford and Chippewa shall constitute an assembly 
district. 

The counties of St. Croix and La Pointe shall constitute an assembly 
district. 

The towns of Windsor, Sun Prairie and Cottage Grove, in the county 
of Dane, shall constitute an asseinbly district. 

The towns of Madison, Cross Plains, Clarkson, Springfield, Veronn, 
Montrose, Oregon and Greenfield, in the county of Dane, shall constitute 
an assembly district. 

The towns of Rome, Dunkirk, Christiana, Albion and Rutland, in tiie 
county of Dane, shall constitute an assemblv district. 

The towns of Burnett, Chester, Le Roy and Williamstown, in the 
county of Dodge, siiall constitute an assemblv district. 

Tlie towns of Fairfield, Hubbard and Rubicon, in the county of Dodge, 
shall constitute an assemblv district. 



ratifii:d coxstitutiox. 357 

The towns of Ilustisford, Asshippun, Lebanon and Emmet, in the 
county of Dodge, shall constitute an assembly district 

The towns of Elba, Lowell, Portland and Clyman, in the county of 
Dodge, shall constitute an assembly district. 

The towns of Calamus, Beaver Dam, Fox Lake and Trenton, in the 
county of Dodge, shall constitute an assembly district. 

The towns of Calumet, Forest, Auburn, Byron, Taychedah and Fond 
tin Lac, in the county of Fond du Lac, shall constitute an assembly 
district. 

The towns of Alto, Metomen, Ceresco, Rosendale, Waupun, Oakfield 
and Seven Mile Creek, in the county of Fond du Lac, shall constitute an 
assembly district. 

The precincts of Hazel Green, Fairplay, Smeltzer's Grove and James- 
town, in the county of Grant, shall constitute an assembly district. 

The precincts of Platteville, Head of Platte, Centerville, Muscoda 
and Fennimore, in the county of Giant, shall constitute an assembly 
district. 

The precincts of Pleasant Valley, Potosi, Waterloo, Hurricane and 
New Lisbon, in the county of Grant, shall constitute an assembly 
district. 

The precincts of Beetown, Patch Grove, Cassville, Millville and Lan- 
caster, in the county of Grant, shall constitute an assembly district. 

The county of Green shall constitute an assembly district. 

The precincts of Dallas, Peddler's Creek, Mineral Point and Yellow 
Stone, in the county of Iowa, shall constitute an assembly district. 

The precincts of Franklin, Dodgeville, Porter's Grove, Arena and 
Percussion, in the county of Iowa, and the county of Riclihuul, shall 
constitute an assembly district. 

The towns of Watertown, Aztalan and Waterloo, in the county of 
JefVerson, shall constitute an assembly district. 

The towns of I.xonia, Concord, Sullivan, Hebron, Cold Spring and 
Palmyra, in the county of JefYerson, shall constitute an assembly district. 

The towns of Lake Mills, Oakland, Koshkonong, Farmington and 
Jet^erson, in the county of JetVerson, shall constitute an assemblv district. 

The precincts of Benton, Elk Grove, Belmont, Willow Springs, Prairie, 
and that part of Shuiisburgh precinct north of town one, in the county 
of La Fayette, shall constitute an assembly district. 

The precincts of Wiota, Wayne, Gratiot, White Oak Springs, Fever 
River, and that part of Shuiisburgh precinct south of town two, in the 
county of La Fayette, shall constitute an assembly district. 

The county of Marquette shall constitute an assembly district. 

The first ward of the city of Milwaukee shall constitute an assembly 
district. 

The second ward of the city of Milwaukee shall constitute an assem- 
bly district 



358 R^VTIFIED CONSTITUTION. 

The third ward of the city of Milwaukee shall constitute an assembly 
district. 

The fourth and fifth wards of the city of Milwaukee shall constitute 
an assembly district. 

The towns of Franklin and Oak Creek, in the county of Milwaukee, 
shall constitute an assembly district. 

The towns of Greenfield and Lake, in the county of Milwaukee, shall 
constitute an assembly district. 

The towns of Granville, Wauwatosa and Milwaukee, in the county of 
Milwaukee, shall constitute an assembly district. 

The county of Portage shall constitute an assembly district. 

The town of Racine, in the county of Racine, shall constitute an 
assembly district. 

The towns of Norway, Raymond, Caledonia and Mount Pleasant, in 
the county of Racine, shall constitute an assembly district. 

The towns of Rochester, Burlington and Yorkville, in the county of 
Racine, shall constitute an assembly district. 

The towns of Southport, Pike and Pleasant Prairie, in the county of 
Racine, shall constitute an assembly district. 

The towns of Paris, Bristol, Brighton, Salem and Wheatland, in the 
county of Racine, shall constitute an assembly district. 

The towns of Janesville and Bradford, in the county of Rock, shall 
constitute an assembly district. 

The towns of Beloit, Turtle and Clinton, in the county of Rock, shall 
constitute an assembly district. 

The towns of Magnolia, Union, Porter and Fulton, in the county of 
Rock, shall constitute an assembly district. 

The towns of Milton^ Lima and Johnstown, in the county of Rock, 
shall constitute an assembly district. 

The towns of Newark, Rock, Avon, Spring Valley and Center, in the 
county of Rock, shall constitute an assembly district: Proindcd, that if 
the legislature shall divide the town of Center, they may attach such 
part of it to the district lying next north, as they may deem expedient 

The county of Sauk shall constitute an assembly district. 

Precincts numbered one, three and seven, in the county of Sheboygan, 
shall constitute an assembly district. 

Precincts numbered two, four, five and six, in the county of Slieboy- 
gan, shall constitute an assembly district. 

The towns of Troy, East Troy and Spring Prairie, in the county of 
Walworth, shall constitute an assembly district. 

The towns of Whitewater, Richmond and La Grange, in the county 
of Walworth, shall con'^titute an assembly district. 

The towns of Geneva, Hudson and Bloomfield, in the county of Wal- 
worth, shall constitute an assembly district 



RATIFIED COXSTITUTIOX. 



359 



The towns of Darien, Sharon, Walworth and Linn, in the county of 
Walworth, shall constitute an assembly district. 

The towns of Delavan, Sugar Creek, La Fayette and Elkhorn, in the 
county of Walwdrth, shall constitute an assembly district. 

The towns of Lisbon, Menomonee and Brookfield, in the county of 
Waukesha, shall constitute an assembly district. 

The towns of Warren, Ocononiowoc, Sinnmit and Ottowa, in the 
county of Waukesha, shall constitute an assembly district. 

The towns of Delafield, Genesee and Pewaukee, in the county of 
Waukesha, shall constitute an assemblj' district. 

The towns of Waukesha and New Berlin, in the county of Waukesha, 
shall constitute an assembly district. 

The towns of Eagle, Mukwanago, Vernon and Muskego, in the county 
of Waukesha, shall constitute an assembly district. 

The towns of Port Washington, Fredonia and Clarence, in the county 
of Washington, shall constitute an assembly district. 

The towns of Grafton and Jackson, in the county of Washington, 
shall constitute an assembly district. 

The towns of Mequon and Germantown, in the county of Washington, 
shall constitute an assembly district. 

The towns of Polk, Richfield and Erin, in the county of Washington, 
shall constitute an assembly district. 

The towns of Hartford, Addison, West Bend and North Bend, in the 
county of Washington, shall constitute an assembly district. 

The county of Winnebago shall constitute an assembly district. 

The foregoing districts are subject, however, so far to be altered that 
Avhen any new town shall be organized, it may be added to either of the 
adjoining assembly districts. 

Section 13. Such parts of the common law as are now in force in 
the territory of Wisconsin, not inconsistent with this constitution, shall 
be and continue part of the law of this state until altered or suspended 
by the legislature. 

Section 14. The senators first elected in the even numbered senate 
districts, the governor, lieutenant governor, and other state officers first 
elected under this constitution, shall enter upon the duties of their 
respective offices on the first Monday of June next, and shall continue 
in office for one year from the first Monday of January next. The 
senators first elected in the odd numbered senate districts, and the mem- 
bers of the assembly first elected, shall enter upon their duties respect- 
ively on the first Monday of June next, and shall continue in office 
until the first Monday in January next. 

Section 15. The oath of office may be administered bv any judge 
or justiOJi of the peace, until the legislature shall otherwise direct 



360 RATIFIED CONSTITUTION. 



RESOLUTIONS. 

Resolved, That the congress of the United States be and is hereby re- 
quested, upon the application of Wisconsin for admission into the Union, 
so to alter the provisions of an act of congress, entitled " An act to 
grant a quantity of land to the territory of Wisconsin for the purpose 
of aiding in opening a canal to connect the waters of Lake Michigan 
■with those of Rock river," approved June eighteenth, eighteen hun- 
dred and thirtj^-eight; and so to alter the terms and conditions of the 
grant made therein, that the odd numbered sections thereby granted and 
remaining unsold, may be held and disposed of by the state of Wisconsin 
as part of the five hundred thousand acres of land to which said state is 
entitled by the provisions of an act of congress, entitled " An act to ap- 
propriate the proceeds of the sales of the public lands, and to grant pre- 
emption rights," approved the fourth day of September, eighteen 
hundred and forty-one; and further, that the even numbered sections 
reserved by congress may be offered for sale by the United States, for the 
same minimum price, and subject to the same rights of pre-emption, as 
other public lands of the United States. 

Resolved, That congress be further requested to pass an act whereby 
the excess price over and above one dollar and twenty-five cents per 
acre, which may have been paid by the purchasers of said even num- 
bered sections which shall have been sold by the United States, be 
refunded to the present owners thereof, or they be allowed to enter anv 
of the public lands of the United States to an amount equal in value to 
the excess so paid. 

Resolved, That in case the odd numbered sections shall be ceded to the 
state as aforesaid, the same shall be sold by the state in the same manner 
as other school lands: Provided, that the same rights of pre-emption 
as are now granted by the laws of the United States shall be secured to 
persons who may be actually settled upon such lands at the time of the 
adoption of this constitution : And provided f/irilicr, that the excess price 
over and above one dollar and twenty-five cents per acre, absolutely or 
conditionally contracted to be paid by the purchasers of any part of said 
sections which shall have been sold by the territory of Wisconsin, shall 
be remitted to such purchasers, their representatives or assigns. 

Resolved, That congress be requested, upon the application of Wiscon- 
sin for admission into the Union, to pass an act whereby the grant of five 
hundred thousand acres of land, to which the state of Wisconsin is 
entitled by the provisions of an act of congress, entitled " An act to ap- 
propriate the proceeds of the sales of the public lands, and to grant 
pre-emption rights," approved the fourth day of September, eighteen 
hundred and forty-one, and also the five per centum of the net proceeds 
of the public lands lying within the state, to which it shall become en- 
titled on its admission into the Union, by the provisions of an act of 



RATIFIED CONSTITUTION. 361 

congress, entitled " An act to enable the people of Wisconsin territory 
to form a constitution and state government, and for the admission of 
such state into the Union," approved the sixth day of Avigust, eighteen 
hundred and forty-six, shall be granted to the state of Wisconsin for the 
use of schools, instead of the purposes mentioned in said acts of congress 
respectively. 

Resolved, That the congress of the United States be, and hereby is 
requested, upon the admission of this state into the Union, so to alter 
the provisions of the act of congress, entitled " An act to grant a certain 
quantity of land to aid in the improvement of the Fox and Wisconsin 
rivers, and to connect the same by a canal in the territory of Wisconsin," 
that the price of the lands reserved to the United States shall he reduced 
to the minimum price of the public lands. 

Rcsolx'ed, That the legislature of this state shall make provision by 
law for the sale of the lands granted to the state in aid of said improve- 
ments, subject to the same rights of pre-emption to the settlers thereon, 
as are now allowed by law to the settlers on the public lands. 

Rtsoh'cd, That the foregoing resolutions be appended to and signed 
with the constitution of Wisconsin, and submitted therewith to the people 
of this territory, and to the congress of the United States. 

We, the undersigned, members of the convention to form a constitu- 
tion for the state of Wisconsin, to be submitted to the people thereof for 
their ratification or rejection, do hereby certify that the foregoing is the 
constitution adopted by the convention. 

In testimony whereof, we have hereunto set our hands, at Madison, 
the first day of P'ebruary, A. D. 1S4S. 

MORGAN L. MxVRTIN, President of the Convention, 

and dele<^(ite from Bro'MH county. 
Thom.\s McIIlgii, Secretary. 

G.W. FEATIIERSTONHAUGII, MORITZ -SCIICEFFLER, 

JAMES T. LEWIS, SILAS STEAUMAN, 

DANIEL G. FENTON, WILLIAM II. KENNEDY, 

STODDARD JUDD, ALBERT G. COLE, 

CHARLES II. LARRABEE, FREDERICK S. LOVELL, 

SAMUEL W. LYMAN, ANDREW B. JACKSON, 

WILLIAM II. FOX, STEPHEN A. DAVENPORT, 

CHARLES M. NICHOLS, SAMUEL R. .McCLELLAN, 

WILLIAM A. WHEELER, JAME.S 1). REYMERT, 

WARREN CHASE, THEODORE SECOR, 

SAMUEL W. BEALL, HORACE T. SANDERS, 

ORSAMUS COLE, AL>n:RIN M. CARTER, 

GEORGE W. LAKIN, JOSKPH COLLEY, 

WILLIAM RICHARDSON, P.Vl L CR.VNDALL, 

JOHN H. ROUNTREE, EZR.V A. FOOT, 



3^2 



RATIFIED CONSTITUTION. 



ALEXANDER D. RAMSEY, 
JAMES BIGGS, 
CHARLES BISHOP, 
STEPHEN B. HOLLENBECK, 
JOSEPH WARD, 
CHARLES DUNN, 
JOHN O'CONNOR, 
ALLEN WARDEN, 
MILO JONES, 
THEODORE PRENTISS, 
JONAS FOLTS, 
ABRAM VANDERPOOL, 
JOHN L. DORAN, 
GARRETT M. FITZGERALD, 
ALBERT FOWLER, 
RUFUS KING, 
CHARLES H. LARKIN, 



LOUIS P. HARVEY, 
EDWARD V. WIIITON, 
EXPERIENCE ESTABROOK, 
GEORGE GALE, 
JAMES HARRINGTON, 
AUGUSTUS C. KINNIE, 
EZRA MULFORD, 
HOLLIS LATHAM, 
SQUIRE S. CASE, 
ALFRED L. CASTLEMAN, 
PETER D. GIFFORD, 
ELEAZER ROOT, 
GEORGE SCAGEL, 
JAMES FAGAN, 
PATRICK PENTONY, 
HARVEY G. TURNER, 
HARRISON REED. 



CONSTITUTIONAL AMENDMENTS. 



Several amendments to the state constitution have been 
adopted by the legislature, and ratified by the people, at 
the time indicated below, and now constitute a part of the 
organic law of the state. They are as follows: 



ARTICLE IV. 

[SrctioH 21, as amended by a vole of- the people at the general election, 
November J, 1S67.J 

Section 21. Each member of the legislature shall receive for his 
services three hundred and fifty dollars per annum, and ten cents for 
every mile he shall travel in going to and returning from the place of 
the meetings of the legislature, on the most usual route. In case of an 
extra session of the legislature, no additional compensation shall be 
allowed to any mcnibcr thereof, cither directly or indirectly. 



CONSTITUTIONAL AMENDMENTS. 363 



ARTICLE V. 

[Srctiowi 3" and 9, as amended by a vote of the people at the general elec- 
tion, November 2, iSdg.] 

Section 5. The governor shall receive, during his continuance in 
office, an annual compensation of five thousand dollars, which shall be in 
full for all traveling or other expenses incident to his duties. 

Section 9. The lieutenant governor shall receive, during his contin- 
uance in office, an annual compensation of one thousand dollars. 

ARTICLE I. 

[Section 8, as amended by a vote of the feople at the general election, 
November 8, 1870.] 

Section S. No person shall be held to answer for a criminal offense 
without due process of law, and ijo person for the same offense shall be 
put twice in jeopardy of punishment, nor shall be compelled in any 
criminal case to be a witness against himself. All persons shall before 
conviction be bailable by sufficient sureties, except for capital offenses 
when the proof is evident or the presumption great; and the privilege of 
the writ of habeas corpus shall not be suspended unless when, in case of 
rebellion or invasion, the public safety may require it. 

[Sections ji and J2, as amended by a vote of the people at the general 
election, November 7, J8jr.] 

Section 31. The legislature is prohibited from enacting any special 
or private laws in the following cases: ist. For changing the name of 
persons or constituting one person the heir-at-law of another. 2d. For 
laving out, opening or altering highways, except in cases of state roads 
extending into more than one county, and military roads to aid in the 
construction of which lands may be granted by congress. 3d. For 
authorizing persons to keep ferries across streams, at points wholly 
within this state. 4th. For authorizing the sale or mortgage of real or 
personal property of minors or others under disability. 5th. For locating 
or changing any county seat. 6th, For assessment or collection of taxes 
or for extending the time for the collection thereof. 7th. For granting 
corporate powers or privileges, except to cities. Sth. For authorizing 
the apportionment of any part of the school fund. 9th. For incorporat- 
ing any town or village, or to ainend the charter thereof. 

Section 32. The legislature shall provide general laws for the trans- 
action of any business that may be prohibited by section thirty-one of 
this article, and all such laws shall be uniform in their operation 
throughout the state. 



364 CONSTITUTIONAL AMENDMENTS. 

ARTICLE XL 

[Section j, as amended by a vote of the people at the general election^ 
Xovember j, 1874.] 

Section' 3. It shall be the duty of the legislature, and they are hereby 
empowered to provide for the organization of cities and incorporated vil- 
lages, and to restrict their power of taxation, assessment, borrowing 
money, contracting debts, and loaning their credit, so as to prevent 
abuses in assessments and taxation, and in contracting debts by such 
municipal corporations. No county, city, town, village, school district, 
or other municipal corporation, shall be allowed to become indebted in 
any manner or for any purpose, to any amount, including existing in- 
debtedness, in the aggregate exceeding five' per centum on the value of 
the taxable property therein, to be ascertained by the last assessment for 
state and county taxes, previous to the incurring of such indebtedness. 
Any county, city, town, village, school district or other municipal cor- 
poration, incurring any indebtedness, as aforesaid, shall, before or at the 
tune of doing so, provide for the collection of a direct annual ta.x suffi- 
cient to pay the interest on such debt as it falls due, and also to pay and 
discharge the principal thereof, within twenty years from the time of con- 
tracting the same. 

ARTICLE VIL 

[Section 4.^ as amended by a vote of the people at the general election, 
November 6, 1877. ] 

Section 4. The supreme court shall consist of one chief justice and 
four associate justices, to be elected by the qualified electors of the state. 
The legislature shall, at its first session after the adoption of this amend- 
ment, provide by law for the election of two associate justices of said 
court, to hold their offices respectively for terms ending two and four 
years respectively, after the end of the term of the justice of the said 
court then last to expire. And thereafter the chief justices and associate 
justices of the said court shall be elected and hold their offices respect- 
ively for the term of ten years. 

ARTICLE VIIL 

[Section 2, as amended by a vote of the people at the general election, 
November 6, ^Sjj.] 

Section 2. No money shall be paid out of the treasury except in 
pursuance of an appropriation by law. No appropriation shall be made 
for the payment of any claim against the state, except claims of the 
United .States, and judgments, unless filed within six years after the 
claim accrued. 



APPENDIX. 



VOTES ON THE CONSTITUTIONS. 

Below are given the votes, by counties, on the question of ratifying the 
constitutions presented by the conventions of 1S46 and 1S48. The first, 
or rejected constitution, was voted upon at a special election, held on 
Tuesday, the 6th day (Jf April, 1S47; and the second, or ratified constitu- 
tion, was voted upon by the people at a special election, held on Monday, 
the 13th of March, 1848: 





Rrjected Constitutio.v. 


Ratified Constitution. 


Name. 


For. 


Against. 


For. 


Against. 


Brown ... 


23s 


120 


218 
55 
513 
120 
S71 
872 
747 
1^137 
510 
651 
969 

659 

122 

283 

2,008 

208 

1.073 

1-243 

243 

431 

'5 

i.ioS 

1,32^ 

1,090 

328 


6 

5 

31 

16 




66 
49 
592 
803 
624 
532 
341 
Ii444 
780 


354 

150 

962 

974 

627 

i,8g8 

607 

'.417 

I '233 




Dane 


237 

2S2 




Fond du L.ic 


.83 
428 
299 
i6t 








422 

193 






96 
184 

1,678 
,64 

1.363 

9S7 

III 

160 

65 

1.246 
984 

1,478 
137 


45 

1S9 

1,996 

209 

2-474 

1-977 

157 

374 

61 

1,825 

2,027 

353 
203 




132 






S8 
1 ,231 


Racine 

Rock 














Waukesha 


224 
798 




574 










Total 


14,119 


90 232 


16.799 


6.384 





* La Fayette and Richland counties are included in this return on the rejected constitu- 
tion; and Richland is included in the return of the vote on the ratified constitution. 



368 



LIST OF MEMBERS OF THE CONVENTION. 



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370 



LIST OF MEMBERS OF THE CONVENTION. 










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CENSUS OF WISCONSIN BV COUNTIES. 



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CENSUS OF WISCONSIN BY COUNTIES. 



375 



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376 THE EARLY HISTORY OF WISCONSIN. 



THE EARLY HISTORY OF WISCONSIN. 



The followinir address was delivered before the Wiscon- 
sin Pioneer Association and the surviving members of the 
Constitutional Conventions of 1846 and 1847-8, at Madi- 
son, July 16, 1879, by the late Hon. George B. Smith, a 
member of the first convention: 

Wisconsin has had an eventful history. It is claimed that as early as 
1634, only fourteen years later than the landing of the Pilgrims on 
Plymouth Rock, and long before the settlement of ^VILLIAM Penn at 
Philadelphia, John Nicolet, a daring Frenchman, had visited what is 
now Green Bay, with a view to smoke the pipe of peace with the Win- 
nebagoes. It is certain that as early as 1665, the Jesuit missionaries 
commenced at La Pointe, on Lake Superior, their work of Christianizing 
the Indians. It is also certain that, in 1669, their missionary labors be- 
gan in the vicinity of Green Bay. Wisconsin was also the great highway 
over which the first explorers passed, in search of the Mississippi river 
and the unknown sea. In the year 1673, Louis Joliet, with Father 
Marquette, passed up the Fox river from Green Bay, and down the 
Wisconsin river, in search of the Father of Waters. On the 17th of June 
of that year, they discovered it, at the mouth of the Wisconsin river, 
near where now stands Prairie du Chien. 

These men, especially Father Marquette, and others came to this 
wild and lonely region mainly to bring religion and civilization to the 
Indians; incidentally they came on a voyage of discovery. There was 
another, and in many respects a greater than these, who came to explore 
in the interest of conquest and commerce. I refer to La Salle, who, 
as early as 16S0, with iiis little party and his faithful and famous friend, 
Tonty, discovered the Mississippi river still further south, in what was 
then called the Illinois country, now the state of Illinois. Afterwards, 
he followed the river to the Gulf of Mexico. This man of wonderful 
enterprise, wond lous foresight and iron energy, even then dreamed that 
the valley of tiie Mississippi might, in his time, become what it is now — 
the garden and glory of the world. Still later, and all the way down to 
the time when it was finally owned and occupied by the United States, 
Wisconsin continued to have a remarkable and eventful history, until it 



THE EARLY HISTORY OF WISCONSIN, 377 

was finally organized into a separate territory in 1836, when the people 
then here were invested with the great American boon of self-govern- 
ment. 

From 1671 to 1763, a period of ninctv-two vears, Wisconsin was under 
the government of France; from 1763 to 1796, a period of thirty-three 
years, it was governed by Groat Britain, although the latter, in 1783, had 
ceded her claim to the United States. From 1796 to iSoo, it was under 
the government of the United States as part of the territory northwest 
of the river Ohio; for nine years, from 1800 to 1S09, it was under the 
territorial government of Indiana; from 1809 to 1S18, it was go\ erned 
by the territory of Illinois, and from iSiS to 1S36, it was under the ter- 
ritorial government of Michigan. Thus it will be seen that for a period 
of one himdred and sixty-five years, the territory which now comprises 
this magnificent state was the mere foot-ball of nations, states and 
territories. 

Since Wisconsin came under the government of Illinois territory, it 
has had a somewhat curious, as it had before a remarkable, history. In 
the year 17S4, on the first of March of that year, and in less than one 
hundred days after the evacuation of this country by the British army, 
Thomas Jefferson reported to the continental congress, with the con- 
currence of his committee (a majority being from the southern states), 
his celebrated ordinance for the government of all the territory ceded or 
to be ceded by individual states to the United States, . . . section 
five of which provided: "That after the year iSoo of the Christian era, 
there should be neither slavery nor involuntary servitude in any of the 
said states, otherwise than in the pimishment of crimes, whereof the 
party shall have been duly convicted to have been personally guilty." 
. . . Sixteen members voted for and seven against this ordinance, on 
a test vote, but the requisite majority of states not voting for the ordi- 
nance, it failed. It will be observed that this proposed ordinance em- 
braced all of the states thereafter forever to be admitted into what was 
then denominated the confederacy. Afterwards, on the 13th of July, 
17S7, two months before the adoption of the constitution, and something 
like a year before its ratification by nine states (the requisite number to 
make it the constitution of the United States), that celebrated ordinance 
" for the government of the territory of the United States northwest of 
the river Ohio," introduced by N.\thax D.vxe, of Massachusetts, was 
passed by the continental congress. Article six of this ordinance is in 
substance exactly like article five in the one introduced by Mr. Jeffer- 
son, which I have already quoted, with a proviso in relation to persons 
owing service who should escape from any of the original states. By 
this ordinance, all officers of the territories had to be appointed by con- 
gress. After the adoption of the constitution of the United States, and 
on the 17th of August, 17S9, congress amended this ordinance bv pro- 
viding that all such officers should be appointed by the president of the 



378 THE EARLY HISTORY OF WISCONSIN. 

United States; in all other respects the ordinance of 1787 stood as the 
orfTanic and paramount law for the government of the territory of the 
United States northwest of the river Ohio. 

This ordinance of 1787, so familiar to all of the early settlers of Wis- 
consin, was the great charter of our rights and the limit of our powers, 
as it had been for all the territories which had, before that time, been 
admitted into the Union out of the northwest territory, or of the territory 
northwest of the river Ohio. Except the constitution of the United 
States, this ordinance was unquestionably the grandest and most perfect 
written charter for the protection of the rights and liberties of a people 
that had ever been devised. In some respects it was more explicit and 
more perfect than the constitution itself In view of subsequent events, 
it is instructive to observe the wisdom and forethought of the following 
provision of this ordinance: "Article 4. The said territory and the 
states which may be formed therein shall forever remain a part of the 
confederacy of the United States of America, subject to the articles of 
confederation and such alterations therein as shall be constitutionally 
made, and to all the acts and ordinances of the United States in congress 
assembled conformable thereto." If this or a like expression had been 
inserted into the constitution of the United States, we should never 
have heard of the right of constitutional and legal secession. Such a 
doctrine could never have found advocates or followers, and it may be, 
nay, it is almost certain, that it would have saved the people of this 
country from that cruel and awful war, with all its terrible consequences, 
which must abide with our people for generations to come, possibly 
forever. 

It is indisputable that many of the American statesmen, north and 
south, did believe in the right of secession, and the question was con- 
siderably discussed even at an early day; finally, and unhappily, too, 
many were willing to peril all in support of this opinion. Had this 
plain and emphatic declaration been adopted, "all the states that adopt 
and accept this constitution, shall forever remain a part of the United 
States subject to this constitution," none would have been found bold 
enough and bad enough to propose the dissolution and destruction of the 
Union; for that would have been treason without a parallel, and without 
even the poor excuse of an honest conviction. 

But I have wandered somewhat from my subject, and from the plan 
of this address. I now return, hoping that my digression may not, after 
all, be unprofitable. The ordinance of 17S7, article five, provided that 
tiiere should be formed in the said territory not less than three nor more 
than five states, . . . with this proviso: "That if congress shall 
hereafter find it expedient, they shall have authority to form one or two 
states in that part of said territory which lies north of an east and west 
line drawn through the southerly bend or extreme of Lake Michigan." 
Thus, the north line of the territory of Illinois, and the south boundary 



THE EARLY HISTORY OF AVISCONSIX. 379 

of Micliisfan, and what is now Wisconsin, was fixed on a line "drawn 
throu.ijli tlie southerly bend or extreme of Lake Michigan." By the ex- 
press terms of the ordinance, it was "forever to remain. unalterable, un- 
less by common consent." Such continued to be the north line of the 
territory of Illinois until i8i8, when that territory applied for admission 
into the Union. She had formed a state constitution, and applied to con- 
gress for admission into the Union on an equal footing with the original 
states. Neither the legislature of the territory of Illinois, nor the con- 
vention that framed the constitution, had suggested any change in the 
boundaries of the state. The original bill, introduced into congress by 
Judge Pope, the delegate from Illinois, did not provide for any change 
of boundary; but, while the bill was pending. Judge Pope, solely on his 
own responsibility, proposed an amendment to it as follows: " By strik- 
ing out the lines defining the boundaries of the new state, and inserting 
the following: ' Beginning at the mouth of the Wabash river; thence 
up the same, and with the line of Indiana to the northwest corner of said 
state to the middle of Lake Michigan; thence north along the middle of 
said lake to north latitude forty-two degrees, thirty minutes; thence west 
to the middle of the Mississippi river, to its confluence with the Ohio 
river; and thence up the latter river along the northwestern shore to the 
beginning.' " This amendment was adopted without division and without 
opposition, and then the mischief was done. (See second volume Annals 
of Congress for the year iSiS, page 1677.) 

Congress, in thus establishing the boundaries of that state, extended its 
north line nearly sixty miles north of the line established by the ordi- 
nance of 17S7, and this was done without the consent of the inhabitants 
then resident within what afterwards became Wisconsin; indeed, it was 
done at a time when there were but few here to object, and it was done 
in such haste that these few had no opportunity to object. The part 
thus taken from what would otherwise have been a part of the present 
Wisconsin, embraces the fourteen northern counties of Illinois, the rich- 
est and most popular part of that state, including, of course, the city of 
Chicago. 

The ordinance of 17S7, although made unalterable, was changed in 
this particular, but time and circumstance have sanctioned the change, 
and it is now, indeed, unalterable. Gov. James D. Doty, who was 
always mindful of the honor and interests of Wisconsin, did, as soon as 
he had an opportunity to do so, manfully and ably protest against this 
manifest injustice and wrong. In the first Constitutional Convention for 
this state. Gov. Doty brought this subject to the attention of the conven- 
tion in a very able report, reviewing all the circumstances connected with 
it, and finallv proposed that the whole subject be referred to the supreme 
court of the United States for a final adjudication and adjustment (Sec 
his report, and also a very able and interesting report on the same sub- 



3S0 THE EARLY HISTORY OF WISCONSIN. 

ject made bv the Hon. D. A. J. Upham to the territorial legislature; 
jovirnal of first Constitutional Convention, from page 136 to 146.) 

I have referred to this subject solely for the purpose of calling your 
attention to the circumstances and the reasons which induced this change 
of boundary. It was done sixty-one years ago, and only thirty -one years 
after the adoption of the constitution of the United States, at a period 
when, now, it would hardly be thought that there was any threatened 
danger of a dissolution of the Union; and yet we see that the solemn 
compact of the ordinance of 1787 was disregarded, and what is more, 
Wisconsin deprived of a very important and immensely valuable part 
of its territory, in order that Illinois, just then to be admitted as a state, 
might be more firmly bound to the Union by identifying her, through 
the great lakes, with the " Eastern States and Northern Interests." 
Wisconsin was thus early sacrificed and dismembered in the interests of 
the Union and of peace. 

Now for the reasons assigned. Mr. Pope said, in support of his amend- 
ment (see same page, 1677) : " The object of this amendment was to gain 
for the proposed state a coast on Lake Michigan. This would afford 
additional security to the perpetuity of the Union, inasmuch as the states 
would thereby be connected with the states of Indiana, Ohio, Pennsyl- 
vania and New York, through the lakes." . . . This is but a meagre 
report of what was said by Judge Pope in advocating his amendment, 
but the point is plainly brought out in the little we have here reported. 
Gov. Ford, in his admirable history of Illinois, in speaking of the subject, 
says at page twenty-two: "But there were other and more weigiity rea- 
sons for the change of this boundary, which were ably and successfully 
urged by Judge Pope upon the attention of congress. It was known, 
he said, that in all confederate republics there was danger of dissolution. 
The great valley of the Mississippi was filling up with a numerous people; 
the original confederacy had already advanced westward a thousand 
miles across the chain of mountains skirting the Atlantic; the adjoining 
states in the western country were watered by rivers running from every 
point of the compass, converging to a focus at the confluence of the Ohio 
and Mississippi, at Cairo. Tiie waters of the Ohio, Cumberland and 
Tennessee rivers carried much of the commerce of Alabama and Ten- 
nessee, all of Kentucky, a considerable portion of that of Virginia, Penn- 
sylvania and New York, and the greater portion of the commerce of 
Ohio and Indiana, down by the point at Cairo (situate in the extreme 
south of Illinois), where it would be met by the commerce to and from 
the lower Mississippi, with all tlie states and territories to be formed in 
the immense country on the Missouri, and extending to the head waters 
of the Mississippi. Illinois, he said, had a coast of one hiuidred and lidy 
miles on the Ohio river, and nearly as much on the Wabash; the Mis- 
sissipiii was its western boundary for the whole length of the state; the 
commerce of all the western country was to pass by its shores, and would 



THE EARLY HISTORY OF WISCONSIN. 381 

necessarily come to a focus at the moutli of tlie Ohio at a point within 
the state and within the control of Illinois, if, the Union being dissolved, 
she should see proper to control it." Mr. Ford says: " It was foreseen 
that none of the rreat states in the west could venture to aid in dissolv- 
ing the Union, without cultivating a state situated in such a central and 
commanding position." Again, he says: "Illinois was certain to be a 
great state w ith any boundaries w'hich the government could give. Its 
great extent of territory, its unrivaled fertility of soil, . . . together 
with its commanding position, would in course of time give the new- 
state a very controlling influence with her sister states upon the western 
rivers, either in sustaining the Federal Union as it is, or in dissolving it 
and establishing new governments. If left entirely upon the waiters of 
the great rivers, it was plain that in case of threatened disruption, the 
interest of the new state would be to join a southern and western con- 
federacy. But if a large portion of it could be made dependent upon 
the commerce and navigation of the great northern lakes, connected as 
they were with the eastern states, a rival interest would be created to 
check the wish for a western and southei'n confederacy." "It there- 
upon," he says, "became the duty of the national government not only 
to make Illinois strong, but to raise an interest inclining and binding her 
to the eastern and northern portions of the Union." (See, also, David- 
son & Stuve's History of Illinois, from 1673 to 1S73, P^'ges 295 and J96 

We have it here plainly avowed that Illinois ran so far into the south, 
and was so situated on the great rivers running in that direction, that 
something must be done to " balance her interest and incline her to the 
north." For this reason and for this purpose, the congress of the United 
States, in utter disregard of the solemn compact of the ordinance of 17S7, 
gave to Illinois a port on Lake Michigan and a large strip of splendid 
territory which justly belongs to Wisconsin, and thus, it mav be said, 
she was saved to the north and to the Union. It may be that this coun- 
try has been benefited and prospered by this act of bad faith, not to say 
robbery. If so, Wisconsin has made the sacrifice, and she is tairly 
entitled to the honor of all the good that followed the act. 

What Wisconsin would have been to-day, had her original boundaiy 
remained, is a question not profitable now to speculate upon, as it is by 
no means pleasant to reflect on. But this is not all. Wisconsin was des- 
tined to sulTer and sacrifice still more in the interest of peace, if not in 
the interest of the Union. After Michigan and Ohio had quarreled and 
fairly come to blows over their boundaries, the matter was finallv settled 
and the parties appeased, if not satisfied, by congress giving to Michigan, 
as a compensation in part for the strip of her territory given to Ohio, that 
portion of country on Lake Superior between the straits of Mackinaw 
and T^Iontreal river, directly north of us, and which bv every considera- 
tion justly belongs to the state of Wisconsin. It has no connection what- 
ever with that state; and the inhabitants of that section, especially in 



382 THE EARLY HISTORY OF WISCOXSIX. 

winter, have no other way to reach their capital except to pass through 
the states of Wisconsin, Illinois and Indiana; — but the interest of peace 
required that Wisconsin should be again sacrificed; it was sacrificed, and 
we have submitted. 

Again, when the Webster treaty was made in 1842 with Great Britain, 
more of our territory lying on the extreme north was taken from us 
and given to England in the interest of peace, and again we submitted 
without a murmur. 

Notwithstanding we have been cut and carved at both extremities, 
north and south, we still have a territory twice as large as the great state 
of New York, rich beyond all calculations in everything that con- 
spires and combines to make a prosperous and luxurious abiding place 
for man. 

In the year 1783, settlements first began at Prairie du Chien, Wiscon- 
sin, and afterwards, perhaps as early as 1800 or 1805, some few settle- 
ments were made in the southwestern part of the state, by persons 
attracted by the lead mines of that section. 

In 1S20, Lewis Cass, then governor of Michigan, to w-hich Wisconsin 
was attached, came to Wisconsin with a distinguished party of gentle- 
men, among whom was Henry R. Schoolcraft, who published in 
1S21 a "narrative journal," replete with valuable information relative to 
this country. Wisconsin, we learn from this journal, was then little 
more than the abode of a few Indian traders scattered here and there 
throughout the territory. 

This expedition and this " narrative journal " brought this country 
somewhat into notice. Of this expedition, James D. Doty was secre- 
tary; and from that time to the time of his death, in Utah territory, of 
which he was at the time governor, he was identified with every period 
and every page of our history. Indeed, a full and faithful life of James 
D. Doty would be a history of Wisconsin from 1S20 to 1S69. 

But it is said that the Sauk or Black Hawk war of 1832 did more than 
anything else to turn the attention of emigrants and others to this coun- 
try. It brought it into general notice throughout the whole United States 
and abroad. From this time it began to settle rapidly, so that in 1S36 
enough people from the states settled here to justify its organization into 
a territorial government, whicli was done by act of congress, approved 
April 20, 1S36. On the third of July tbllowing, the people then in Wis- 
consm commenced to govern themselves. It is curious to observe how 
easily and eft'ectually the people here were invested wiih governmental 
power, which was to abide with them and their successors forever, unless 
they should voluntarily give up the right of self-government. Section 
twelve of the act of congress organizing the territory provided as fol- 
lows: "That the inhabitants of said territory shall be entitled to and 
enjoy, all and singular, the rights, privileges and advantages granted and 
secured to the people of tl\e territory of the United States, nortluvest of 



THE EARLY HISTORY OF WISCONSIN. 383 

the river Ohio, by the articles of the compact contained in the ordinance 
for the government of the said territory, passed on the 13th day of July, 
17S7, . . . and the existing laws of the territory of Michigan shall 
be extended over said territory, . . . to be altered, modified or re- 
pealed by the governor and legislature of said territory of Wisconsin. 
. . . And further, the laws of the United States are hereby extended 
over and shall be in force in said territory, so far as the same or any pro- 
vision thereof shall be applicable." 

Under this act, the people of Wisconsin were invested witli the power 
of sell"-government, and now it was that they set up for themselves. 
From that dav to this, they and we have been responsible for what has 
been done. I come now to speak especially to those of our fathers who 
organized the government and who made a state. 

From 1836 to 1S48, when Wisconsin was admitted into the Union as 
one of the states, entitled to all the privileges of the original states under 
the constitution, a body of laws had been framed and a system of gov- 
ernment adopted, so wise, so liberal, and so just to every class and every 
interest, that there was little left for the state to do but to adopt and fit 
the laws and the system to the changed condition of afl;airs. It is sad to 
reflect that by far the greater number of those to whom we are indebted 
for the priceless blessing of a good beginning have passed away. It is 
pleasant, however, to contemplate that these men live and will always 
live in the grateful memories of the whole people of this great and 
growing commonwealth. 

Some few- of them, however, are still here, and yet fewer are witii us 
to-day. It ought to be, and it will be, I am sure, gratifying to them to 
know that we appreciate what they have done for the state and for the 
people of the state, in thus early organizing and estaiilishing a system of 
equal and just laws — laws which have endured so long, and are likely to 
endure forever. All honor to the living and the dead who gave and 
secured to us this wonderful foundation for our prosperity and success. 

Wisconsin was especially fortunate in the appointment of its first ter- 
ritorial officers, and especially in the appointment of Henry Dodge as 
its first governor; too many of the officers of territories have been men 
from other states, appointed to administer the atVairs of a people they 
did not know, and to govern where they had no interest, and iittle 
knowledge of the capacity and resources of the country, and the wants 
and wishes of the people. This was not the case in Wisconsin. Gov. 
Dodge was at the time of his appointment, and had been for a long 
time, a resident of Wisconsin, identified with the territory and its people. 
He Avas a man who had won honoraVile fame in the service of his 
country, and he fairly represented every interest in the new territory. 
It was therefore eminently fit that he should be its first governor. Fol- 
lowing him in the changing piiases of politics came James D. Doty as 
governor. He, too, had been distinguished as a judge and a citizen; and 



384 '^HE EARLY HISTORY OF WISCONSIN. 

he, too, was and had been, from still an earliei- day, identified with Wis- 
consin. His interests, like those of Gov. Dodge, were here in Wiscon- 
sin, and nowhere else. The same might be said of most of the other 
territorial officers; but the governor was the leading officer, who, 
together with the people with whom and whose interests he was iden- 
tified, gave form and shape to all things. To this may fairly be attributed 
the early prosperity and permanent welfare of Wisconsin. N. P. Tal- 
MAGE, of New York, was governor of the territory from June 21, 1844, 
to April 8, 1S45; with the exception of this short period, Dodge and 
DoTV held the office during the entire period of territorial government. 
P'irst, Gov. Dodge held the office from April 30, 1S36, to September 30, 
1841; Gov. Doty, from September 30, 1841, to June 21, 1S44; N. P. 
Talm.\ge, from June 21, 1844, to April 8, 1845; Gov. Dodge again from 
that time until the state was admitted into the Union in 1S48, May 29. 

Again, the people who came here, came to make it their home, and 
few who came ever went away. Therefor.% w^hen they were called upon 
to act in public capacities, to make and administer the laws, they made 
laws for themselves, and in administering them, they did " unto others 
as they would have others do unto them." In short, Wisconsin was 
then, as it is now, one great family of good fellowship. It could not 
have been so if bad or unwise men had been here in the beginning, and 
it Avill take a good many bad men a good while to change its character 
in this respect. Rich as Wisconsin is in climate and fertility of soil, in 
rivers, lakes and resources of every description, it is still richer in the 
volume and body of its laws, and in the intelligence, enterprise and 
character of its population. It has been here, as it has ever been every- 
where among men who have founded a nation or a state, some among 
them have attained an enduring fame; a fame equal to if not surpassing 
any who come after them. It would be a real pleasure to mention some 
of the many men of the territory of Wisconsin who contributed to make 
it what we have faintly described it. All of them could not be mentioned 
within the limits of this address, and when all are so deservmg, it would 
be invidious to mention a few. 

I have thus far named but two, Henry Dodge and James D. Doty. 
I have mentioned them because they occupied commanding pasitions, 
where they were necessarily identified with every interest, and in this 
sense they were the two great leaders of the whole. There was rivalry 
between these two remarkable men, and to each was attached a large 
following of friends, each vicing with the other to see who could best 
advance the interests of the young and growing territory. 

Tiiere was enough lor them all to do. It is impossible for us now 
rightly to appreciate what these early settlers had to do. The wonder is 
that they did so much, and did it so well, in so short a time. In some 
respects, however, Wisconsin was more fortunately circumstanced than 
any of the other new territories, or, indeed, of the older states. The 



THE EARLY HISTORY OF WISCONSIN. 385 

character of the country was favorable to rapid settlement and quick 
development. The Sauk or Black Hawk war, which we have seen gave 
a quickening stimulus to settlement of this territory, had subdued the 
Indians into a sort of respect for the rights of white men; for this and 
other reasons, the early settlers were exempt from the fears and dangers 
which iiad so retarded the early settlements elsewhere. There was hut 
little danger apprehended, and no acts of savage violence to speak of 
suffered by the early settler. They were ordinarily safe to settle in any 
section of the territory, so that at an early day e\ cry section ^f the 
country- was to some extent occupied; means of communication had at 
once to be provided, roads were to be made, and, what was !ar more 
difficult and expensive, bridges were to be huill oxer tlie numerous 
streams, large and small, that thread our state in every direction. Yet 
all this was done; it was done well and done quickly. The foundation 
was very early laid for all of the public institutions necessary and inci- 
dent to a well-ordered government. 

The country settled rapidly with emigrants from the state* and from 
the old world, so that within a period of ten years from the organization 
of the territory, it had the requisite population to entitle it to be admitted 
as a state into the Union. 

Under the territorial system of government, the people were in some 
sense subordinated to the congress of the United States. Although their 
career had been one of unparalleled success, it is indisputable that by 
this time they had become restive and uneasy under the seeming vassal- 
age of the situation, so that everybody expressed the wish to form for 
themselves a constitution and be admitted into the Union as an inde- 
pendent state, or, as we expressed it at that time, a " sovereign, inde- 
pendent state." 

The legislature, therefore, heeding this general public sentiment, 
passed a law on the 31st of January, 1S46, providing for a convention, 
and for the election of delegates to form a constitution. Delegates 
were elected, and on the 5th day of October of the same year they 
assembled at the capitol in Madison, and proceeded at once to the dis- 
charge of that duty. This brings us to a very remarkable period in the 
history of Wisconsin, and I confess that I feel utterly incompetent to deal 
properly with the subject at this point It is proper to say, however, 
that this convention of 1S46 was composed of some of the oldest settlers 
of the territory, and some of the ablest men that have ever taken part 
in the public alTairs of Wisconsin. Some of them had been greatly and 
justly distinguished for their devotion to the interests of the territory, 
and many of the same men have been no less distinguished since then tor 
their services and devotion to the welfare of the state ; and I mav proper! v 
add that the wisdom of the people of that time in making choice of the 
delegates to this convention, has since been fully justified by the conii- 

25 • 



386 THE EARLY HISTORY OF WISCONSIN. 

dcnce that has been continued to them by the people of the state down 
to this day. It would not be appropriate to the occasion, and if it was 
so, time would not permit me even briefly to allude to the subsequent 
history of tliese men. This duty has been ably performed by the secre- 
taries of this convention, David Atwood and Horace A. Tenxey, 
who were both reporters in the convention of 1S46, and also in the con- 
vention of 1847-8, which framed the constitution that was finally ratified 
by the people: our present constitution under which Wisconsin was 
admiHed into the Union. Their report, which will always be a valuable 
contribution to the history of Wisconsin, embraces a brief biographical 
sketch of each member of both cohventions. Some have been members 
of congress, one a cabinet officer and minister abroad; one a justice of 
the supreme court, and two (one of each convention) have been chief 
justices of the state; several have held state offices, and many have been 
members of the legislature. In many ways they have enjoyed the con- 
fidence and been honored by the people of the state. Many of our 
associates who met with us on that bright October dav, away back in 

1846, now nearly thirty-three years ago, and who labored with us through 
the sixty-two days that we were engaged in trying to make a constitution 
for the protection of the rights and liberties of the people of Wisconsin — 
one that would meet the approval of those who had delegated us to per- 
form that duty — have passed to an honorable grave, and I am proud to 
say that I do not know of one, either living or dead, of either convention, 
who had dishonored the good name he deservedly won. 

The constitution framed in 1846 not being ratified, another convention 
was provided for, which met at the capital on the 15th of December, 

1847, and framed the present constitution, which was ratified by the 
people. Before alluding to the present constitution, or more especially 
to the convention that framed it, it will be proper that I should briefly 
refer to the causes and to the arguments that led to the defeat of the one 
framed in 1S46.* After this lapse of time, and in view of the action of 



♦The editors of this book take occasion to state, that, as they understand them, 
the objections nininly urged upon the people of Wisconsin to reject the first 
constitution submitted for public approval, were essentially and substantially the 
following: 

1. The novthivest bourtdnry line. Article I. — This was drawn, subject to the 
approval of congress, " from the first rajiids of St. Louis river in a direct line 
southerly to a point flftccn miles east of tbe easterly point of Lake St Croi.K. and 
thence south to the main channel of the ^lississippi river, or Lake Pepin." Such a 
1)oundary, if approved, would have given to Minnesota nil the lower valley of the 
lake and river St. Croi.^, and extended its south boundary lino to Lake Pepin, cover- 
ing the urea now embraced in several of our present finest counties. 

2. Too large a legislature. Article V provided that the assembly should consist 
of not less than sixty nor more than one hundred and twenty members, and the 
eenate a number not greater ihan one-third, nor less than onu-fourth, the assembly. 



THE EARLY HISTORY OF \VISCONSIX, 387 

the second Constitutional Convention, and of the suljscqucnt legislation 
of the state in reference to tlie matters forming the objections then urged 
against the constitution, it would be exceedingly difficult to make the 
people of this day understand why the first constitution was not ratified. 
Several reasons were urged in argument before the people why it was 
that the convention did not make a proper constitution, or, rather, why 
thcv put into it tlie objectional provisions, which were stated to be: 
(i) Tho article in relation to the rights of married women. 

(2) The article on exemptions. 

(3) The bank article. 

(4) The nimiber of representatives in the legislatiu-e. 

(5) The elective judiciary. 

The article on married women was as follows: "All property, real 
and personal, of the wife, owned by her at the time of her marriage, and 
also that acquired by her after marri ige, by gift, devise, descent, or other- 
wise than from her husband, shall be her separate property." 

The article on exemption was as follows: " Forty acres of land, . . . 
or the hon^.estead, not exceeding forty acres, . . . which shall not 
exceed in value one thousand dollars, shall be exempt from execution or 
forced sale." 

The article on banks prohibited banks of issue. 

The legislature should not consist of less than sixty members, nor 
more than one hundred and twenty-five; and it was provided that the 
judiciary should be elective. 

A distinguished opponent of the constitution said in a public speech at 
that time, that " these features of the constitution are not only bad of 

This was regarded as too large, as all experience had proved that such bodies never 
cease enlarging tUeirnnmbers until the authorized maximum is reached. 

3. Sti/aries. Article IV. — These were lixed by the constitution lor all state 
oftlcials, and thus made unalterable by the legislature. Ii was held that public 
policy demanded a more flexible system of compensation for public services, to 
meet the possible wants of the future. 

4. Judicial. Article Xll, section li, established a system denounced at the timo 
as cue of "rotary courts." It provided that until the legislature otherwise deter- 
mined, "the circuit judges shall interchange circuits, and hold courts in such man- 
ner that no judge of either of said circuits shall hold court in any one circuit for 
more than one year in live consecutive years, except in case of vacancy, absence, or 
of inability or disability of one of said judges." This provision gave oflense to the 
bar generally, as well as to the public at large, and was warmly oppos;'d. 

a. Banks and banking. Article X. absolutely prohibited any bank of issue within 
the state; or any corporation from doing any banking l)u^ine^'s: or any branch or 
agency of any bank of the United States, or of any state or territory, under any 
pretense or authority; and made it unlawful after the year 18-17 to circulate any bank 
note, bill, certificate, or other evidence of debt whatsoever, intended to circulate as 
money, issued wi'.hont the state, of a denomination les* than ten dollars, or after 
the year ItMi), of a less denomination than twenty dollars. The legislature at its first 
session, and thereafter as occasion called for it, was required to enact adequate 
penalties for the punishment of all violations and evasions of this article. This 



388 THE EARLY HISTORY OF WISCONSIN. 

themselves, but they are still more objectionable when we reflect that 
thcv will produce other laws still worse. They are seeds of evil which 
will produce an hundred fold." 

These and similar arguments finally resulted in rejecting the constitu- 
tion. The article on the rights of married women, the exemption article, 
and the elective judiciary', were denounced in unmeasured terms as being 
ruinous to the peace, prosperity and happiness of the people forever. 

The next convention framed a constitution leaving the "rights of 
married women" to be provided for by the legislature, and the legisla- 
ture, a few years afterwards, adopted into a law substantially that which 
was provided for in the rejected constitution. 

It also provided that the legislature should pass exemption laws of 
real and personal property ; and soon after, the legislature made a liberal 
exemption of personal property and exempted forty acres of land, the 

provision was especially oflfensive to the commercial classes on the east side of the 
territory. Interior settlers generally, and western particularly, were almost unani- 
mously opposed to banks of issue in any form whatever. In these latter sections 
the sole currency at the time was gonuin ■ hard money. 

6. Rights of married women, and exemp/ions. Article XIV.— This article was 
doiined out of place as a part of the constitution, even if proper in the form of 
statutory enactm'-nt. The limit of one thousand dollars to estates exempted, in a 
community rai)idly growing, with property daily appreciating in market value, it 
was held by many, would defeat the real end in view, and op n a field for em'.lcss 
litigation. In the form of law, under the present constitution, the people have for 
thirty years sanctioned all proper rights of married women, and an exemption of 
property much more liberal than the first constitution provided for. 

7. Amendments an-d revision. Article XVIII, section 2, required the legislature 
every tenth year after the constitution ti ok effect, to submit to the pe iple at the 
next annual election, whether they were in favor of cilling a convention to revise 
the constitution or not; and if the vote was in the aftiruiat ve, then a convention 
was to be called within six months after the next legislative session. This plan 
was deemed cumbirsome and unnecessary, the cost being greate.than any possible 
gain from its adoption. 

8. liut the most fatal objection was one of omission. No special article was pro- 
vided upon corporations. The subject had been fully discussed, and a general 
agrei'ment reached, when the matter was referred to a committee, which failed to 
report. The vital point involved is contained in the present constitution, a tide 
XI, section 1, in these words: " All general laws or special acts enacted und.'r the 
provisions of this section (corporations), tnay be aliered or repealed by the legisla- 
ture at any time after their passage/'' This power to alter or repeal every form 
of charter that can be granted by the state, is by far the most important feature in 
Its organic law. II is a part of every charter, and gives to the legislature complete 
Icgiil control over every incorporated company. This right is now firmly settled 
upon the solid basis of judicial decisions in both state and United States suprejne 
Courts. Comparatively tew comprehended the vast importance of this reservation 
a generation atro. It is pr.perly reco.;nized now as the very bulwark of public 
Bafety from the oi»pressive enci-oaclimcnls of monopoly. Its omis-^iou, either pur- 
poHcly or by oversigiu, from the first constitution, was a potent reason among the 
more thoughtful, for voting to reject the whole instruineiU. A combination of all 
those opposi'd to certain special features d.'cmcd objectionable, by each, was euffl- 
cient to Insure its defeat at the polls. 



THE EARLY HISTORY OF WISCONSIN. 389 

homestead, or a qiiartor acre in a city or villatje, without reference to its 
value, wiiereas in the rejected constitution, the value of such exemption 
was limited to one thousand dollars. 

It fixed the number of members of the legislature at not less than 
fiftv-two, nor more than one hundred — hardly difference enough to talk, 
about — and the judiciary was made elective as in the rejected constitu- 
tion. In respect to banks, that was so left that the subject of bank or no 
bank might be submitted to the people. Thus we find in the second con- 
stitution, and in the legislation of the state soon after enacted, nearly 
every feature which had made our work unpopular, and there it has 
remained, the pride and glory of the state to this day. Although our 
work was rejected, yet it was in a great degree the foundation and guide 
for those who were subsequently charged with the duty of framing the 
constitution which we now have. 

The second Constitutional Convention assembled in Madison on the 
15th day of December, 1S47, and closed its labors on the ist day of Febru- 
ary, 1S4S. The result of its labors was the present con-titution. That it 
was a good constitution is sutliciently attested by the fact that it has re- 
mained the organic and paramount law of the state for now more than 
thirty years, unchanged in any of its important and essential features, 
and we have seen that in man_y respects it is the exact counterpart of the 
one that had been rejected; that the subsequent legislation of the state 
has in many respects even advanced in the direction in what was called 
the radical, and for a time the most unpopular provisions of the rejected 
constitution. 

This convention, like the first one, was composed of many of the 
earliest settlers of the territory, and many of them were the very ablest 
men in it. We have already noted that many of those, as well as those 
in the first convention, have risen to honorable distinction in the service 
of the state. After all, it was the work of these men of the second con- 
vention that was crowned with success, and thus they won the high and 
honorable distinction of being the founders of a state. 

This state, as we have seen, has had a varied fortune and a singular 
historv, but ever since its organization into a territory in 1S36, it has ad- 
vanced in rapid strides with uninterrupted and unparalleled prosperity to 
its present acknowledged high position among the states of the Union. 
All of its duties to the general government in every emergency have been 
honoitiblv and faithfully performed. The rights of its citizens have 
been scrupulously protected by a just and equitable system of laws, and 
bv a fair and able administration of justice. 

The remarkable good fortune that has always attended our people, is 
due in a great degree, I think, to the wisdom and singular unselfishness 
of those earlier settlers of the territory, who laid the foundation of a 
good government, broad and deep, upon which has been built within a 
period of little more than forty years a great commonwealth, embracing 



390 THE EARLY HISTORY OF WISCONSIN. 

within its borders a million and a half of people as industrious, intelli- 
gent and prosperous as any people on the globe. It is no vain boast to 
sav that Wisconsin is as fair a land as the sun shines on. It embraces 
within its limits every attribute and every facility as regards climate, 
fertilitv of soil, and all that goes to make an independent and self-sus- 
taining people. It is an empire within itself Its geogr.iphical position 
is unrivaled. On the north we have the great inl.md sea, Lake Supe- 
rior; on the east, along our whole border, we have Lake Michigan, 
second only to Lake Superior in extent; on our western boundary, 
we have the wonderful Mississippi; and generally the interior of the 
State is threaded with " a watery net- work of great utility;" many of 
the streams are navigable for boats — more are navigable for logs and 
lumber; and altogether they aftbrd water power enough to run all the 
machinery in the world. The state is dotted all over with clear and 
beautiful lakes and with innumerable springs of healing waters, which 
already are attracting the afflicted from far and near. In many localities 
the earth is literally teeming with the richest of ores, lead, iron and 
copper, and our pineries are simply inexhaustible. 

This is but a faint and feeble review of the great and wonderful nat- 
ural resources of Wisconsin. It now remains for me, in conclusion, 
briefly to refer to what has been done to build upon and improve these 
manifold and remarkable facilities. I have already said that the earh-- 
territorial settlers began and carried on the work of improvement with 
peculiar skill and industry ; that they established a system of laws 
which were so admirably fitted to the wants and growing capacities of 
the country as to need but little change when we became a state. Since 
then the same wisdom, the same care for the welfare and prosperity of 
the people, has in general marked the legislation of the state. 

The state has no debt to speak of, and 3'et our charitable and penal in- 
stitutions will compare favorably with any in any of the states of the 
Union, or with those of an}' country in the world, both in respect to the 
convenience and splendor of their construction and the skill and learn- 
ing with which each institution is managed. A liberal school fund was 
originally provided for by congress, and the state has added largely to 
it, with which a system of education has been provided for the youth of 
Wisconsin, fully equal to any in the world. Colleges, established by dif- 
ferent religious denominations, have sprung up in difterent parts of the 
state, which, together with the State University, are furnishing to the 
young men and women of the state every facility for a thorough and ac- 
complished education. The University of Wisconsin, supported as it is 
by liberal and boimtiful appropriations by the state, is fast becoming one 
of the leading institutions of learning in the United States; and I know of 
no reason why this institution may not in the near future be equal to any 
institution of learning in the world. Under the liberal patronage of the 
stale, the sons and daughters ot Wisconsin are, and arc to be, forever here- 



THE EARLY HISTORY OF WISCONSIN. 3OI 

after, I hope, educated here free of expense. Thus, and in many ways I 
cannot mention, the people of Wisconsin have kept pace with the most 
advanced civiHzation. Everything has been done that could be done by 
enterprise, energy and industry to make Wisconsin what it pre-emi- 
nently is, one of the richest and most prosperous commimitics in the 
■world. Added to our natural ami unrivaled means of transportation 
throughout the state and abroad, by the water comniunications to which 
I have already referred, Wisconsin has her full share of railroad facili- 
ties. It would be a waste of time to attempt to enumerate the advantages 
of Wisconsin ; it is sufficient to say that she has every advantage which 
a good government, a rich soil and a favored climate can give to a thrifty, 
indu-trious, intelligent people. All of these advantages have been 
grandlv improved, until Wisconsin has become a great and prosperous 
commonwealth. 

For all of these manifold blessings, the people of the state are in great 
part indebted to you gentlemen who organized the territory and founded 
the state. 

I hope these meetings may be continued from year to 3'ear, that they 
may increase in interest as the numbers entitled to be here diminish. 
Each recurring meeting, I am sure, will in many respects be sadder and 
sadder for those who come, until linally when the last of this noble band 
of pioneer patriots and public benefactors, enfeebled by age, shall come 
with trembling steps, and with conflicting feelings of pleasure and pain — 
pain that he sees no more the noble forms and familiar faces of those 
who helped him to lay the foundation of this grand commonwealth; 
pleasure at the joyful greeting he will be sure to receive from the grateful 
people he so faithfully served — when this time comes, as it surely will 
come, I bespeak for this survivor, whoever he may be, a reception and a 
welcome that shall forever make that day memorable in the history of 
Wisconsin. 



392 THE EARLY PIONEERS. 



THE EARLY PIONEERS. 



A meeting of the State Pioneer Association was held in 
Madison, July 14, 1880. Hon. James M. Bingham, act- 
ing governor, delivered a speech of welcome, which was 
responded to by Hon, E. G. Ryan, chief justice of the 
supreme court. Hon. Peter Parkinson, Jr., of La 
Fayette county, president of the association, delivered the 
annual address, principally relating to early settlement in 
the territory, from which extracts are made as follows: 

We have met together, in the capacity of a pioneer meeting, not only 
for the purpose of social enjoyment and festive recreation, but also for 
the purpose of paying a tribute of respect to departed worth and merit, 
and to revive in our minds the sacred and cherished memories of the 
past, and recount to each other the scenes and incidents connected with 
our early settlement in this country. And it atibrds me the highest 
pleasure to look over this large assemblage of people and see in it so 
many venerable gentlemen whose heads have grown gray in doing good 
for their state, in some capacity or other — from the highest functionary 
of state, down to the worthy and good citizen. And also to recognize so 
manv old and familiar faces that I have so long and so favorably known, 
and from whose hands I have received so many acts of warm friendship 
and true kindness during the fifty years that I have lived among them. 

And to each and every one of you, and to all who are present, I extend, 
for myself, and in behalf of the pioneer association of the state of Wis- 
consin, whose president I am, a most cordial welcome, and a happy 
crreetin^. ^ ^ ^ ^ ^ ^ ^ 

Over fifty years ago, in the ever memorable years of 1S27, 'jS and '29, 
some of us who are now present, met then in this far off, wild and wil- 
derness country, for the first time, to make acquaintances and form 
fricndship> that should endure as long as life should last, and now, at the 
end of more than half a century, we find that there is no abatement in 
tiie friendships and attachments formed upon those ever memorable 
occa^ions, but that the feelings of friendship and attachment areas warm 
and fresh and as green to-day as ever. 

We were Ukmi strangers in a strange land, promiscuously thrown 



THE EARLY PIONEERS. 393 

together, from all parts of the United States, and inanv other portions of 
the world — and it would perhaps be no exaggeration ot the facts, were 
I to say upon this occasion, that a more noble, a more generous, whole- 
souled, warm-hearted, kind and obliging, persevering, determined and 
go ahead set of men were never in any country, or under any circum- 
stances, thrown togctlicr, than the noble old pioneers of the state of 
Wisconsin. 

We came together as a band of brothers, extending the right hand of 
friendship and fellowship to each other, and pledging to each other 
mutual assistance in times of danger and in times of need; and it affords 
me the most unspeakable pleasure to state upon this occasion, in which 
statement every old pioneer present will bear me witness, that no prom- 
ises or pledges that were ever made by mortal man, were ever more 
promptly or more faithfully fulfilled than were these promises of friend- 
ship and assistance. 

The generous hand of the old pioneer has always been open to assist 
the needy, and his strong arm has ever been ready to defend the 
defenseless. 

But alas, nearly all of this noble old band ha\e gone to that bourne 
from which no traveler has ever yet returned. But, through God, they 
have gone in peace and in honor, have left a name and record behind 
them that it might be well for us who live after them, to remember and 
to imitate. ******* 

We were then an isolated people, shut out from the rest of mankind, 
one thousand miles distant from any point from which anv supplies could 
be obtained, either in times of peace or in danger; in a cold and rugged 
climate, without money, without provisions or clothing, and without any 
of the munitions or equipments of war, in the midst of hostile, treach- 
erous and savagt; Indians, who were liable to make war upon us at any 
moment; and truly, in less than two months after the arrival of the first 
pioneers of 1827, they were called upon to meet in deadly conflict one of 
these tribes of hostile Indians — the Winnebagoes. 

Nothwithstanding the destitute and defenseless condition of the country, 
and notwithstanding the terror which this kind of foe generally inspires, 
the little band of pioneers was neither dismayed nor daunted, but boldly 
stood their ground, and, under the leadership of the bold and gallant 
Dodge, they met the Indians upon the threshold, soon put them to 
flight, and drove them back to their hiding places, and thus, in a twink- 
ling as it were, the war was put to an end, and the country restored to 
peace and quiet. 

But it was not long destined to enjoy this peace and tranquility. In 
the year 1832, in the month of May, she was invaded by another much 
more formidable and warlike tribe of Indians than the former. These 
were the Sacs and Foxes, under the leadership of the renowned war 
chief, Bl^vck Hawk. Their purpose was to overrun this counti-y, murder 



394 



THE EARLY PIONEERS. 



and scalp all the scattered inhabitants, re-take the country and possess it 
ao-ain as their own. In this bold and daring undertaking they were, in 
the commencement, most signally successful. About the first days of 
May, thes' crossed the Mississippi river, near Rock Island, marched rap- 
idly up the yalley of the Rock river, producing the greatest alarm and 
consternation among the inhabitants, causing them to flee in all direc- 
tions for safety and protection, murdering and scalping indiscriminately, 
and, on the i6th day of May, Black Hawk and a small portion of his 
warriors fell upon the unfortunate Major Stillman, one of the command- 
ants of the Illinois forces, and most disastrously and ignominiously 
defeated him in the battle of the Kishwaukee, on the waters of the Rock 
river, thirty miles above Dixon. In this battle many of the whites were 
killed and scalped in their tents, and the remainder put to a most shame- 
ful and ignominious flight, and pursued by the Indians almost into Gen- 
eral Atkinson's camp at Dixon. In a few days after this battle, another 
portion of Black Hawk's forces fell upon General Samuel Whitesides, 
an old and experienced Indian fighter. He, too, was soon overcome and 
put to flight. A few days after, Major James Stephenson, a gallant 
young officer of Galena, with a small squadron of men, was attacked on 
the Yellow river, a tributary of the Kankakee river, and he, too, was 
also defeated and put to flight, and he and his men chased pell-mell 
almost into the city of Galena; and still, a few days later, a portion of 
General Posey's brigade was badly defeated and cut to pieces at Wad- 
dam's Grove. 

Being emboldened by these successes, Bl.vck Hawk sent out his ma- 
rauding parties all over the country, who were killing and scalping the 
inhabitants indiscriminately, at Waddam's Grove, Apple River Fort, 
Sinsiniwa Mounds, Blue Mounds, Spafibrd's Farm, Cassville, and other 
places, causing the most fearful alarm and consternation all over the 
country; and no check or stay was given to this most alarming state of 
things until, on the i6th day of June, one of Bl.\ck Hawk's marauding 
parties, seventeen in number, most unfortunately for theniselves and 
fortunately for the country, fell in with this same bold and gallant 
Dodge, and twenty-one of his bold and determined old pioneers, in the 
battle of the Pecatonica. 

In this battle the tide of war Avas turned against them. In this battle 
Black Hawk's party were as signally defeated as they had been success- 
ful in defeating all with whom they had come in contact previous to 
this time. In this battle they were taught a lesson that they had never 
learned before: that General Dodge and his bold miners could use the 
bayonet and musket as \vell as Black H.\wk and his savage warriors 
could use the tomahawk and the spear. 

In this battle Gen. Dodge made good his words that amused the dying 
boy. He did charge them, sword in hand; and he also made good his 
words spoken to the aflrighted captain at Blue Mounds. He did show 



THE EARLY PIONEERS. 395 

tlicm that we were not of tlio soft shelled breed, that we would not run 
and hide like turkeys, neither would we squawk like ducks when the 
spear was applied to us, as had been said by the old White Crow, a 
Winnebago chief, at the Blue Mounds. 

This battle was a terrific one; it was a hand to hand encounter; steel 
clashed against steel, and the woods resounded with the terrific yell of 
the savage. The conflict was deadly and decisive. The Indian toma- 
hawk and spear were pitted against the white man's bayonet and breech. 
But in the end, the bayonet and the breech were triumphant. The last 
Indian was killed and scalped, and not one left to toll old Black Hawk, 
their chieftain, the sad tale of this disaster. 

From tills battle onward, Bl.\ck Hawk's star was in the wane; from 
tills time onward he was hotly and vigorously pursued, and overtaken at 
the Wisconsin height's on the 2ist of July, badly whipped, sixty-eight of 
his men killed upon the ground, and many more wounded so that they 
died upon the way. On the 3d of August, they were again overtaken at 
the battle of Bad-i\.x, and terribly defeated and slaughtered. 

This battle closed the war, and it is but due here to state that the an- 
nals of Indian warfare furnish no account of so successful a termination 
of any Indian war that we have e\er been engaged in. It furnishes no 
instance of so large and formidable a body of Indians being whipped, 
tlriven out of the country and almost exterminated, in so short a time 
and with so little loss to the whites, as were Black Hawk and his entire 
party. 

And it is also due to state here, that this desirable termination of the 
war, was justly attributable mainly to the prompt, energetic and judi- 
cious movements of Gen. Dodge, and his squadron of old and deter- 
mined pioneers. 

I have alluded to these prominent features of the Black Hawk war for 
tlie purpose of letting the people of the present day know something of 
the importance and something of the material of the noble pioneers and 
their gallant commander, who had to bear the brunt and burden of the 
day in this war; who were always in front ranks and in the hottest and 
thickest of the battle. We pursued them in hot chase over this inden- 
tical ground, but a short distance m the rear — having killed one on the 
bank of the Third Lake, and another a few miles west of Madison, the 
same day of the battle of the Wisconsin Heights. In this battle, Gen. 
Dodge's squadron led the charge, and received the entire charge of the 
Indians, and maintained iheir ground, says one narrator, nearly an hour 
before the full line of battle was formed. 

What has been said of the pioneers of 1827-8-9, may justlv be said of 
all the rest. They were of the same style and type of men. Bold and 
chivalrous, noble and warm-hearted, generous and free, hospitable" and 
con tiding, sharing with each other tlie last pound of flour, meat, cofice, 
sugar, tea, or anything else which they might have about them — every- 



39^ 



THE EARLY PIONEERS. 



thing was noble, manly and generous about them. Their hearts beat in 
unison with each other, and they were ready upon all occasions to extend 
the right hand of friendship and fellowship to all who came among them. 
They used no locks, bolts, bars, or fastenings of any kind; but instead, as 
has been aptlv said, " the latch-string was alwaysout;" all was free and all 
were welcome. No bonds, mortgages, notes, receipts or written obliga- 
tions of any kind were used or needed in the early days of the pioneers. 
No money sharks, or note-shavers, or patent-right venders then infested 
the land. Money was then loaned and borrowed without price and with- 
out obligation. Every man's word was as good as his bond. Every man 
then sought to accommodate his neighbor all he could. In the language 
of Judge H. S. Orton, " We were then all of one faith, one creed and 
one baptism, and helped one another." To them we owe everything in 
the line of discovering and settling up a new country and developing 
her hidden resources. 

In this respect, Avhat a debt of lasting gratitude do we owe to the bold 
and daring adventure of our noble and ever to be venerated " Pilgrim 
Fathers." 

From this little band of bold and adventurous pioneers, landed, in the 
dead of Avinter, on the sterile and barren banks of Plymouth shore, a 
great continent has been peopled, and a mighty nation has been formed; 
and so of nearly all of the states — from a small beginning of bold pio- 
neers, a great state is soon formed and densely populated, and on the rapid 
march to grandeur and greatness. 

To a Boone, a Kenton, a Dixon, a Douglas and a Carson, and 
others, we owe untold obligations, for their discoveries and explorations 
in our new states and territories. ******* 

The speaker then paid a glowing compliment to the pioneer women, 
giving them as much honor as he had bestowed upon the men; and 
concluded his address with the following paragraph in regard to them, 
and by tendering a sentiment: 

They were women of sound practical sense and high Christian resig- 
nation, and knew how to adapt themselves to the circumstances which 
surrounded them, and submitted with cheerfulness to the necessities of 
the occasion; and, in conclusion on this branch of my subject, I think 
I may well say that if there ever was a set of women in these United 
States that were justly entitled to the appellation of second Pilgrim 
mothers, it was and is the good and noble pioneer mothers of the state 
of Wisconsin. 

The state of Wisconsin — the grand and noble state of Wisconsin — 
the work of your hands, of your industry and your enterprise! May her 
glory and her felicity increase with each revolving vear, until the last 
trump shall sound the catastrophe of Nature, and Time shall emerge 
into the ocean of Eternity. 



GENERAL INDEX. 



Page. 

Preface, - - - 3 
Early History of Wiscon- 
sin — 

origin of territory, - - 5 
territory northwest of Ohio 

ii\er, - - - - 5 
bound;iry changes, - 7 
boundary disputes, - - S 
boundary discussions, - 9 
beginning civil government, 10 
legishitive representation, - 11 
organization of territory, 11 
pioneer settlement, - - 12 
routes of earlv immigration, 14 
revolutions of a generation, 16 
early immigrants, . - 17 
territorial newspapers, - 17 
schools and means of educa- 
tion, - - - - iS 
jireliminary to state govern- 
ment, - - - iS 
first convention, - - 19 
nativity and occupation, - 19 
where born, - - - 20 
occupations, - - 20 
second convention, - - 21 



Early History of Wiscon- 
sin" — continued. Page. 

where born, - - 21 
occupations, - - -12. 
record of members of con- 
ventions previous to state 
government, - - 22 
record of members ot con- 
ventions subsequent to 
state government, - - 23 
oflicers, state and national, 24 
constitution of 1S46 sub- 
mitted, - - - 25 
the illustrious djad, - 25 
reunion, - - - ■ -7 

CoxvEXTiox of 1S46 — 

living members, - ' -9 

death roll, - - - 29 

oflicers, - - - - 30 

reporters, - - - 30 

Convention- of 1S47-S — 

living members, - - 30 

death roll, - - - 31 

olHcers, - - - - 3' 

reporters, - - - 31 

eh. 275, lawsof iSSo, - - 32 



MEMBERS OF THE CONVENTION OF 1S46. 



Agry, David, 
Atwood, Elihu L., 
Babcock, Barnes, - 
Babcock, [ohn M., 
Baird, Henrv S., - 
Baker, Ciiarles M., - 
Barber, Hiram, 
Barber, Joel Allen, - 
Beall, Samuel W., 
Bell, William, - 
Bennett, Stephen O., 
Berry, William, 
Bevans, Lorenzo, - 
Bowen, Davis, - 
Bowker, Joseph, 
Boyd, John W., 



35 


Brace, P. A. R., - 


- 49 


3''' 


Brown, Hiram, 


49 


37 


Browne, Charles E., 


- 49 


37 


Burehard, Charles, - 


51 


3^ 


Burnett, Thomas P., 


5- 


39 


Burnsides, Andrew, - 


'>l 


40 


Burt, Daniel R., - 


>> 


41 


Carter, James B., 


59 


43 


Chamberlain, James, 


- 60 


44 


Chase, Horace, 


60 


45 


Cha>e, Warren, 


- 6i 


45 


Clark. William H., - 


63 


46 


Clothier, .Samuel T., 


- 64 


46 


Coil m be. lid ward. 


65 


4^' 


Cooper. John. 


- 65 


47 


Coxe, Hopewell, 


65 



598 



GENERAL INDEX. 



Crawford, John, - 
Cruson, Thomas, 
Dennis, William M., 
Dickinson, Nathaniel, 
Dotv, James Duane, 
Drake, Jeremiah, 
Dunninjj:, Abel, - 
Ed-^erton, Elisha W., 
]-:ilis, Pitts, - 
Elmore, Andrew E., 
Fitzgerald, Garrett M., - 
French, Haynes, 
Fuller, Benjamin, 
Gibson, Moses S., 
Giddings, David, - 
Gilmore, Jaines, 
Goodell, Lemuel, - 
Goodrich, Ilenrv C, 
Goodsell, Elihu B., 
Graham, Wallace W., 
Granger, Benjamin, 
Gray, Neely, 
Green, William C, 
llackett, John, - 
Hall, Glo. B., 
Hall, Jam^ . II., 
Hammond, S. P., - 
Harkin, Daniel, 
Hawos, M. T., 
Hayes, James P., 
Hazen, Lorenzo, - 
Hesk, William R., - 
Hicks, Franklin Z., 
Hill, La Fayette, 
Holcombe, William, 
Huebschmann, Francis, 
Hnnkins, Benjamin, 
Hver, George, - 
Hyer, Nathaniel F., 
Inman, Israel, - 
James, Thomas, - 
Janssen, Edward H., 
Jenkins, Thomas, - 
Judd, Stoddard, 
Kellogg, Chauncey, 
Kern, Charles J., 



Page. 

- Go 
68 

- 69 



/.I 
75 
76 
77 
78 
79 
So 
So 
Si 
82 
83 
83 
84 
84 
86 

87 

87 

8S 

88 

89 

89 

89 

90 

90 

90 

91 

9^ 

93 

93 

94 

95 

97 

97 

100 

104 

104 

106 

io5 

107 

loS 

no 



Pas^e. 



Kinney, Asa, 
Kinnie, Joseph, Jr., - 
Lovell, Frederick S., 
Madden, William J., 
jNIagone, James, 
jSIanahan, John H., - 
Meeker, Moses, 
Mills, David L., 
Moore, James, 
Noggle, David, 
O'Connor, Bostwick, ■ 
Parkinson, Daniel ^L, 
Parks, Rufus, 
Parsons, Chatfield H., 
Patch, Horace D., 
Phelps, Noah, - 
Pierce, Joseph S., 
Prentiss, Theodore, - 
Randall, Alex. W., 
Rankin, Aaron, 
Reed, George, 
Rogan, Patrick, 
Ryan, Edward G., - 
Seaver, Lyman II., - 
Smith, A." Hyatt, - 
Smith, George B., - 
Smith, John Vates, 
Smith, Sewell, - 
Smith, Wm. R., - 
Soper, Evander M., - 
Steele, Elijah, 
Stockwell, Thomas S., 
Strong, Marshall M., - 
Strong, Moses AL, - 
Toland, Patrick, - 
Topping, Josiah, 
Turner, Peter H., 
Tweedy, John H., 
Upham, D. A. J., - 
Vineyard, James R., 
Vliet, Garrett, 
Wakeley, Salmons, - 
White, "Joshua L., 
Whitesides, Ninean E., 
Willard, Victor M., 
Wilson, Joel F., 



MEMBERS OF THE CONVENTION OF 1S47-S. 



Beall, S. W., - - - 43, 1S7 

Biggs, James, - - - 187 

Bishop, Charles, - - 187 

Browncll, (jeo. W., - - 188 

Carter, Almerin M., - 191 

Case, Squire S., - - - 193 



Castleman, Alfred L., - 194 

Chase, Warren, - - 61, 195 

Cole, Albert G., - - - 195 
Cole, Orsamus, - - 196 

Colley. Joseph, ... 200 
Cotton, Emulous P., - 202 



GENERAL INDEX, 



Z99 



Pa< 



Crandall, Paul, 


- 202 


Davenport, S. A., 


203 


]")oran, John L., - 


- 203 


Dunn, Cliarles, 


203 


Estahrook, Experience, 


- 21 1 


Fai,'an, James, - 


213 


Eeatherstonhantjh, G. W 


•, - 213 


Fenton, Daniel G., - 


214 


Fitz-jerald, Garrett M., - 


79,214 


Folts, Jonas, 


214 


Foot, Ezra A., 


- 21^ 


Fowler, Albert, 


216 


Fox, William II., - 


- 220 


Gale, George, - 


221 


GilVord, Peter D, - 


- 222 


Harrington, James, - 


223 


I larvev, Louis Powell, - 


- 223 


Ilollenbeck, Stephen P., 


226 


Jaekson, Andrew B., 


- 227 


Jones, Mile, 


228 


Judd, Stoddard, 


107, 230 


Kenneilv, William H., - 


- 230 


Kilhourn, Byron, 


230 


King, Rufus, 


- 232 


Kiiinie, Augustus C., 


234 


Eakin, George W., 


~2i'^ 


Larkin, Charles Henry, 


236 


Larrabce, Chirles II., - 


- 237 


Latham, Hollis, 


23S 



Page. 

Lewis, James T., - - - 239 

Lovell," Frederick S., - 113, 240 

Lyman, Samuel W., - - 240 

Martin, Morgan L., - - 241 

McClellan, Samuel R., - - 243 

McDowell, William, - 2^4 

Mulford, Ezra, ... 245 

Nichols, Charles M., - 24(3 

O'Connor, John, ... 246 

Pentony, Patrick, - - 247 
Prentiss, Theodore, - 132, 247 

Ram-ey, Alex D., - . 247 

Reeil, Harrison, ... 24S 

Revmert, James D., - - 249 

Richardson, William, . . 249 

Root, Eleazer, - - . 250 

Rountree, John H., - - 252 

Sanders, Ilorac-e T., - - 254 

Scagel, George, ... 255 

Scho.'ffler, Moritz, - - 256 

Secoi-, Theodore, - . - 25S 

Steadman, .Sila~, . - 25S 

Turner, Harvey G., - - 259 

Vanderpool, Abram, - 260 
Ward, Joseph, - - .261 

Warden, Allen, - . . 261 

Wheeler, William A., . - 262 

Whiton, Edward V., - 263 



OFFICERS, CILVPLAIXS AND REPORTERS. 



President.s — 

D. A. J. Upham, - 
Morgan L. Martin, 

Secretaries — 

La Favette Kellogg, - 
Thomas M. McHugh, 

Sergeant.s-.\t-Arms — 
John Starkweather, - 
Edgar R. Hiigunin, 

Chaplain-s — 
Charles Lord, - 
Stephen McHugh, 
S. E. Miner, 
John Penman, 
"I I. W. Read. - 



176, 

24i> 



273 

274 

27s 



279 

2S0 
2S1 
2S2 
2S3 
2S3 



Reporters — Convention 
OF 1S46 — 

Jerome R. Brigham, 
B.riah Brown, 
Charles Holt, - 
J. Gillett Knapp, - 
Horace A. Tenney, - 

Convention of 1S47-8 — 
David Atwood, 
Da\id Lambert, 
John V. Smith, - 158, 

Henry W. Tenney, - 



2S5 
286 
2S9 
290 
291 



29+ 
29S 
299 
299 



400 



GENERAL INDEX. 



CONSTITUTIONS OF BOTH CONVENTIONS. 



Rejected Coxstitution — 1 

preamble, 

on boundaries, - - - 
on act of coni^ress, 
on executive of state, 
administrative, 
the legislature, - - - 
powers, duties, etc., 
the judiciary, 

suffrage and elective fran- 
chise, 
education and school fund, 
internal improvements, 
taxation, finance, etc., 
the militia, 

rights of married women, 
bill of right , 
miscellaneous provisions, 
schedule, 
resolutions, 
colored suffrage, - 



Page. 


Ratified Constitution - 


-Page. 


303 


preamble, - - - 


■ 332 


■ 303 


declaration of rights. 


332 


304 


boundaries, 


- 334 


• 304 


suffrage, ... 


336 


306 


legislative, 


- 337 


■ 307 


executive, ... 


339 


310 


administrative, - 


- 341 


■ 3" 


judiciary, ... 


342 




finance, ... 


- 34^ 


315 


eminent domain, - 


34S 


316 


education. 


- 348 


318 


corporations, 


350 


■ 318 


amendments. 


- 351 


320 


miscellaneous provisions, 


351 


321 


schedule, - 


- 3>3 


322 


resolutions, - 


360 


324 


amendments, - 


' 362 


325 






32S 






331 






APPE 


NDIX. 





Vote on ratifying constitu- 
tions, - - - - 367 

Table of members — consti- 
tution of 1846, - - 368 

Table of members — consti- 
tution of 1S47-8, - - 372 



Census — 1S36 to iSSo, inclu- 
sive, - - - . 374 

Historical xVddress — Geo. B. 
Smith, - - - . 376 

The Early Pioneers — Peter 
Parkinson, Jr., - - 392 



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